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17-184 - Gambrel v. Knox County et al


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17-184 - Gambrel v. Knox County et al
March 23, 2018
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MEMORANDUM OPINION & ORDER: (1) Defendants' Motion to Dismiss and Answer to First Amended Complaint (Doc. # 11) is construed as an Answer and the Clerk of the Court shall docket it as such; (2) The Defendants' duplicative Motion to Dismiss and Answer to First Amended Complaint (Doc. # 12) is construed as a Motion for Judgment on the Pleadings and the Clerk of the Court shall docket it as such; (3) The portions of the Answer (Doc. # 11), which present identical and redundant arguments as the construed Motion for Judgment on the Pleadings are stricken from the construed Answer pursuant to Federal Rule of Civil Procedure 12(f). (4) Defendants construed Motion for Judgment on the Pleadings (Doc. # 12) is GRANTED as to Count Two (§ 1983 substantive due process), Count Six (respondeat superior), Count Seven (negligent infliction of emotional distress), and Count Eight (indemnification), and DENIED as to Count One (§ 1983 excessive force), Count Three (assault and battery), Count Four (wrongful death) and Count Five (§ 1983 municipal liability); and (5) Pursuant to Federal Rules of Civil Procedure 16 and 26, an Order for Meeting and Report will be entered and filed contemporaneously herewith. Signed by Judge David L. Bunning on 3/23/18.(SYD)cc: COR