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13-1510 - Phelps v. Bosco et al


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13-1510 - Phelps v. Bosco et al
March 26, 2015
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DECISION & ORDER granting in part and denying in part #7 State Defendants' Motion to Dismiss for Failure to State a Claim as set forth in Part III.A. of this Decision and Order; denying #17 Federal Defendants' Motion to Dismiss for Failure to State a Claim. All of the claims in Plaintiffs Complaint (Dkt. No. 1) are dismissed except for the following claims, which SURVIVE Defendants motions: (1) Plaintiffs first claim (i.e., under 18 U.S.C. § 925A) to the extent that (a) it is asserted against the Federal Defendants and requests injunctive or declaratory relief, or (b) it is asserted against Defendants Drake and Bosco in their official capacities and requests injunctive or declaratory relief; (2) Plaintiffs second claim (i.e., under 42 U.S.C. § 1983 and the Second Amendment) to the extent that it is asserted against Defendant Bosco in her individual capacity and requests monetary relief; and (3) Plaintiffs third claim (i.e., under 42 U.S.C. § 1983 and the Second Amendment) to the extent that (a) it is asserted against Defendants Drake and Bosco in their individual capacities (regardless the relief requested), or (b) it is asserted against Defendants Drake and Bosco in their official capacities and requests injunctive relief. Defendants are directed to file an answer to the Plaintiff's Complaint within 14 days of the date of this Decision & Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a), and this case is referred back to Magistrate Judge Hummel for the setting of pretrial scheduling deadlines. Signed by Judge Glenn T. Suddaby on 3/26/15. (lmw)
February 1, 2017
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DECISION AND ORDER granting #79 Federal Defendants' Motion for Summary Judgment; granting #81 State Defendants' Motion for Summary Judgment; and denying #94 Plaintiff's Cross-Motion for Summary Judgment against the State Defendants. The Plaintiffs complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 2/1/17. (lmw)