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11-349 - ELABANJO v. BELLEVANCE


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11-349 - ELABANJO v. BELLEVANCE
September 18, 2012
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MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/18/12, Recommending that Defendants' Motion to Dismiss [Doc. #19] be GRANTED, and that all claims against the Chapel Hill Police Department be dismissed, that all claims against the Town of Chapel Hill and any of its employees sued in their official capacity be dismissed, and that Plaintiff's § 1983 claims for alleged violation of her Fourth Amendment rights based on alleged "false arrest" or "malicious prosecution" related to the 2008 incident be dismissed; FURTHER Recommending that this action should continue into discovery as set forth in the Court's previous Scheduling Order [Doc. #28] on Plaintiff's § 1983 claims against Officers Bellevance, Perry, Telfair, and Wagner, in their individual capacities, for the alleged violations of Plaintiff's Fourth Amendment rights based on her claim of excessive force, and for the alleged violation of her First Amendment rights. FINALLY Ordering that Plaintiff's Motion for Emergency Court Hearing for Indirect Civil Contempt [Doc. #30] is DENIED. (Law, Trina)
November 19, 2012
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ORDER signed by JUDGE THOMAS D. SCHROEDER on 11/19/2012 affirming and adopting the Magistrate Judge's Recommendation (doc. 33); that Defendants' Motion to Dismiss (Doc. 19) is GRANTED, and all claims against the Chapel Hill Police Department are DISMISSED, all claims against the Town of Chapel Hill and any of its employees sued in their official capacity are DISMISSED, and Plaintiff's § 1983 claims for alleged violation of her Fourth Amendment rights based on alleged "false arrest" or "malicious prosecution," as set out in the Recommendation, are DISMISSED. FURTHER, that this action shall continue into discovery as set forth in the court's previous Scheduling Order (Doc. 28) with respect to Plaintiff's § 1983 claims against Officers Bellevance, Perry, Telfair, and Wagner, in their individual capacities, for the alleged violations of Plaintiff's Fourth Amendment rights based on her claim of excessive force, and for the alleged violation of her First Amendment rights. (Lloyd, Donna)
January 21, 2014
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/21/2014; that Defendants' Motion for Summary Judgment [Doc. #73] be granted, and that this action be dismissed. (Sheets, Jamie)
February 26, 2014
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ORDER signed by JUDGE THOMAS D. SCHROEDER on 2/26/2014, adopting the Magistrate Judge's Recommendation (doc. 82); that Defendant's Motion for Summary Judgment (Doc. 73) is GRANTED and this action is DISMISSED WITH PREJUDICE. (Lloyd, Donna)