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15-276 - Winer v. Clay Township Montgomery County, Ohio et al


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15-276 - Winer v. Clay Township Montgomery County, Ohio et al
July 6, 2016
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DECISION AND ENTRY SUSTAINING IN PART AND NOT RULING UPON IN PART DEFENDANTS CLAY TOWNSHIP, MONTGOMERY COUNTY, OHIO, DAVID A. VORE, STEVEN A. WOOLF AND DALE R. WINNER'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS (DOC. #10); PLAINTIFF EMANUEL H. WINER'S CLAIMS AGAINST VORE AND WOOLF IN THEIR INDIVIDUAL CAPACITIES ARE DISMISSED WITH PREJUDICE TO THE EXTENT THEY ARE BROUGHT UNDER 42 U.S.C. § 1983; PLAINTIFF'S CLAIM FOR DECLARATORY JUDGMENT (COUNT I AND PARAGRAPH E OF PRAYER FOR RELIEF) IS DISMISSED WITHOUT PREJUDICE AS UNRIPE TO THE EXTENT THAT IT IS BROUGHT UNDER 42 U.S.C. § 1983; DEFENDANTS' MOTION TO STRIKE (DOC. #15) OVERRULED AS MOOT; CAPTIONED CASE REMANDED TO MONTGOMERY COUNTY, OHIO, COURT OF COMMON PLEAS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 7/6/16. (kma)