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16-224 - Virgil v. City of Newport et al


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16-224 - Virgil v. City of Newport et al
January 9, 2018
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MEMORANDUM OPINION & ORDER: (1) Defendants City of Norwood and Steve Danielss Motion to Dismiss 67 is GRANTED as to Count Two (§ 1983 malicious prosecution), Count Three (§ 1983 fabrication of evidence), Count Five (§ 1983 failure to intervene), Count Six (§ 1983 conspiracy), Count Nine (negligent supervision), Count Ten (intentional infliction of emotional distress), and Count Eleven (respondeat superior), and DENIED as to Count One (§ 1983 due process); (2) Defendant City of Newports Motion to Dismiss 70 is GRANTED as to Count Ten (intentional infliction of emotional distress) and Count Eleven (respondeat superior), and DENIED as to Count Seven (§ 1983 municipal liability) and Count Nine (negligent supervision); (3) Defendants Robert Bradford, Marc Brandt, Sarah Desentz, Tom Fromme, Pat Moore, Howard Niemeier, Rick Sears, and Norm Wagners Motion to Dismiss 75 is GRANTED as to Count Four (§ 1983 supervisor liability) and Count Ten (intentional infliction of emotional distress), and DENIED as to Count One (§ 1983 due process), Count Six (§ 1983 conspiracy).. Signed by Judge David L. Bunning on 01/09/2018.(KRB)cc: COR,