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17-394 - Jones v. Custer County et al


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17-394 - Jones v. Custer County et al
April 25, 2018
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MEMORANDUM AND ORDER - The Motions to Dismiss, ECF No. 53 and ECF No. 55, are granted. Plaintiff Judy Jones's 42 U.S.C. § 1983 claims for a violation of her civil rights under the First, Fourth, Fifth, Sixth, and Eighth Amendments to the United States Constitution are dismissed, with prejudice. Defendants, the Nebraska State Patrol, the Custer County Attorneys Office, Custer County, Steven Bowers, and Glenn Clark are dismissed from this action. All of the claims asserted against Defendants Chris Kober, Jeff Rogers, and David Sankey, in their official capacities, are dismissed, with prejudice. The remaining claims against Defendants Chris Kober, Jeff Rogers, and David Sankey in their individual capacities are dismissed, without prejudice. Plaintiff Judy Jones is given leave to file an Amended Complaint on or before May 15, 2018, consistent with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (KMM)
April 26, 2018
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AMENDED MEMORANDUM AND ORDER that the Motions to Dismiss, ECF No. 53 and ECF No. 55, are granted. Plaintiff Judy Jones's 42 U.S.C. § 1983 claims for a violation of her civil rights under the First, Fourth, Fifth, Sixth, and Eighth Amendments to the United States Constitution are dismissed, with prejudice. Defendants, the Nebraska State Patrol, the Custer County Attorney's Office, Custer County, Steven Bowers, and Glenn Clark are dismissed from this action. All of the claims asserted against Defendants Chris Kober, Jeff Rogers, and David Sankey, in their official capacities, are dismissed, with prejudice. The remaining claims against Defendants Chris Kober, Jeff rogers, and David Sankey in their individual capacities are dismissed, without prejudice. Plaintiff Judy Jones is given leave to file an Amended Complaint on or before May 15, 2018, consistent with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (LAC)