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07-1578 - Pena et al v. City of Worthington et al


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07-1578 - Pena et al v. City of Worthington et al
August 7, 2008
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ORDER granting in part and denying in part defendants' 18 Motion for Summary Judgment. 1. Defendants' Motion is denied at to plaintiff Leons excessive force claim (Count I). 2. Defendants' Motion is granted as to plaintiffs' remaining claims. Counts II, III, and IV of plaintiffs' Amended Complaint are dismissed with prejudice. 3. Defendants City of Worthington, Armand Eshleman and Bradley Chapulis are dismissed from this action. It is further ordered that the court caption shall be amended to reflect the true spelling of defendant's name from Eshlman to Eshleman. (Written Opinion). Signed by Judge John R. Tunheim on August 7, 2008. (dml)