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09-008 - Coley et al v. Lucas County, Ohio


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09-008 - Coley et al v. Lucas County, Ohio
November 18, 2011
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Memorandum Decision and Order granting 32 Defendants' Motion to stay. This case is treated as closed for statistical purposes and the case may be reopened upon a motion filed by either party at the conclusion of the criminal appeals. Magistrate Judge Vernelis K. Armstrong on 11/18/11. (A,P)
October 26, 2012
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Memorandum Decision and Order granting Motion to lift stay (Related Doc # 45) and reopen case. Telephone Status Conference set for 11/2/2012 at 02:00 PM before Magistrate Judge Vernelis K. Armstrong. Magistrate Judge Vernelis K. Armstrong on 10/26/12.(A,P)
December 27, 2013
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Memorandum Opinion and Order: The 72 Motion for Judgment on the Pleadings filed by Defendant Lucas County and Defendant Lucas County Sheriffs Office is denied. Magistrate Judge Vernelis K. Armstrong on 12/27/2013. (B,TM)
January 17, 2014
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(B,TM)Memorandum Opinion and Order: For the foregoing reasons, the Magistrate grants Defendant McBrooms Motion for Judgment on the Pleadings in its entirety. While the Court finds Defendant McBroom unable to benefit from the shroud of immunity, it also finds that Plaintiffs' claims as stated against Defendant McBroom lack merit. Accordingly, Plaintiffs claims against Defendant McBroom are dismissed. Related document(s) 80. Magistrate Judge Vernelis K. Armstrong on 1/17/2014.
January 17, 2014
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Memorandum Decision and Order: For these reasons, Defendant Grays Motion for Judgment on the Pleadings [and/or Motion to Dismiss] is denied as to these claims: 1. Excessive Force. 2. Failure to Provide Medical Care 3. Assault and battery. 4. Wrongful death. 5. Conspiracy under 42 U.S. C. § 1985(1). Defendant Grays Motion for Judgment on the Pleadings [and/or Motion to Dismiss] is granted as to these claims. 1. Civil Conspiracy under 42 U. S. C. § 1983. 2. Conspiracy under 42 U.S. C. §§ 1985(2), (3). 3. RICO. 4. Aiding and abetting. 5. Civil Conspiracy under Ohio law. 6. Intentional infliction of emotional distress. 7. Negligence/recklessness/bad faith. Related document(s) 92. Magistrate Judge Vernelis K. Armstrong on 1/17/2014. (B,TM)
January 23, 2014
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AMENDED Memorandum Opinion and Order: For the foregoing reasons, the Magistrate grants Defendant McBrooms Motion for Judgment on the Pleadings in its entirety. While the Court finds Defendant McBroom unable to benefit from the shroud of immunity, it also finds that Plaintiffs' claims as stated against Defendant McBroom lack merit. Accordingly, Plaintiffs claims against Defendant McBroom are dismissed in their entirety. Magistrate Judge Vernelis K. Armstrong on 1/23/2014. Related document(s) 110 Memorandum Opinion and Order. (B,TM)
January 23, 2014
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AMENDED Memorandum Decision and Order: For these reasons, Defendant Grays Motion for Judgment on the Pleadings [and/or Motionto Dismiss] is denied as to these claims: 1. Excessive Force. 2. Failure to Provide Medical Care. 3. Assault and battery. 4. Wrongful death. Defendant Grays Motion for Judgment on the Pleadings [and/or Motion to Dismiss] granted as to these claims. 1. Civil Conspiracy under 42 U. S. C. § 1983. 2. Conspiracy under 42 U.S. C. § 1985. 3. RICO. 4. Aiding and abetting. 5. Civil Conspiracy under Ohio law. 6. Intentional infliction of emotional distress. 7. Negligence/recklessness/bad faith. Magistrate Judge Vernelis K. Armstrong on 1/23/2014. Related document(s) 111 Memorandum Decision and Order. (B, TM)
January 23, 2014
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Memorandum Decision and Order: Defendant Schmeltzs 87 Motion for Judgment on the Pleadings and/or Motion to Dismiss is DENIED as to these claims:1. Excessive Force. 2. Failure to provide medical treatment. 3. Assault and Battery. Defendant Schmeltzs Motion for Judgment on the Pleadings and/or Motion to Dismiss is GRANTED as to these claims: 1. Civil Conspiracy under 42 U.S.C. § 1983. 2. Aiding and abetting. 3. Civil Conspiracy under 42 U. S. C. § 1985 4. Civil Conspiracy under Ohio law. 5. Intentional infliction of emotional distress. 6. Negligence/recklessness/bad faith. 7. Wrongful death. 8. RICO. Magistrate Judge Vernelis K. Armstrong on 1/23/2014. (B,TM)
January 23, 2014
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Memorandum Opinion and Order: Defendant Telb's 90 Motion for Judgment on the Pleadings and/or Motion to Dismiss is granted with respect to the following claims: (1) aiding and abetting; (2) civil conspiracy under Ohio law; (3) civil conspiracy under 18 U.S.C. § 1983; (4) civil conspiracy under 18 U.S.C. § 1985; (5) state RICO violations; (6) federal RICO violations; and (7) liability, imputed by virtue of R.C. § 311.05 for negligence and intentional infliction of emotional distress. These claims are dismissed in their entirety. Defendant Telbs Motion for Judgment on the Pleadings and/or Motion to Dismiss is denied with respect to the following claims: (1) failure to sufficiently train and supervise employees against the use of excessive force under 18 U.S.C. § 1983; and (2) liability, imputed by virtue of R.C. § 311.05 for wrongful death, assault and battery, excessive force, and failure to provide medical treatment. Related document(s) 90 Magistrate Judge Vernelis K. Armstrong on 1/23/2014. (B,TM)
January 11, 2017
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er tovacate that date and schedule further deadlines. Judge James G. Carr on 1/11/17. (C,D)Order: The § 1988 analysis applies to the calculation of the attorneys' fees and costs incurred by plaintiffs' counsel. The prevailing hourly rate in Toledo, Ohio applies to the same calculation. Due to the delay in issuing this order, it appears that February 21, 2017, is no longer a workable date to hold a settlement conference regarding the fees and costs to which plaintiffs'counsel are entitled. The Clerk will forthwith set a telephonic conference to consider wheth