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14-1161 - Engle v. City of Cuyahoga Falls et al

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14-1161 - Engle v. City of Cuyahoga Falls et al
June 22, 2015
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Memorandum Opinion and Order: Summa defendants, the city, the CFPD, and the CFDD are dismissed from this action. For the same reasons, plaintiff's Monell claim is also dismissed. Additionally, plaintiff's claims for excessive force, state civil conspiracy, and negligent infliction of emotional distress are dismissed against the remaining defendants. This case shall go forward on the Fourth Amendment search and seizure claim against the city officers, the Fourteenth Amendment due process claim against the city officers, the federal conspiracy claim against the city officers and defendant Nettle, and the state law claims of trespass and intentional infliction of emotional distress against the city officers. (Related Doc # 12, 14). Judge Sara Lioi on 6/22/2015. (P,J)
August 1, 2016
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Memorandum Opinion. Defendant's motion for summary judgment (Doc. No. 128) is granted in part. Specifically, plaintiff's conspiracy claim, her due process claim, and her Fourth Amendment claim, to the extent it seeks redress for the April 17, 2013 entry into her home, are dismissed. Additionally, defendants Schmidt, McIlvain, Ralston, Luggelle, Holzapfel, Heinl, and Nettle are dismissed as party defendants. Plaintiff's summary judgment motion (Doc. No. 134) is denied in full. Assuming the remaining parties are unable to reach an amicable resolution of this matter, this case shall proceed to trial on the surviving portions of plaintiff's Fourth Amendment claim, her claim for intentional infliction of emotional distress, and her trespass claim. Where applicable, defendants will be able to request qualified and/or statutory immunity for these claims at trial. Judge Sara Lioi on 8/1/16. (S,HR)