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16-475 - SWINGON v. SIMONSON et al


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16-475 - SWINGON v. SIMONSON et al
May 3, 2016
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/3/16. 5/3/16 ENTERED AND COPIES E-MAILED.(kw, )
May 3, 2016
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ORDER THAT COUNTS I & II ARE DISMISSED WITH PREJUDICE. COUNT IV IS DISMISSED WITH PREJUDICE. MOTION TO DISMISS IS DENIED AS TO PLFF'S CLAIM FOR EXCESSIVE USE OF FORCE (COUNT III) AGAINST DEFT SIMONSON & GRANTED TO THE EXTENT IT ASSERTS ANY CLAIM FOR EXCESSIVE USE OF FORCE AGAINST THE REMAINING DEFTS OUTSIDE OF MONELL LIABILITY. PLFF'S CLAIMS FOR MONELL LIABILITY (COUNT V) ARE DISMISSED WITH PREJUDICE AS TO SIMONSON & DISMISSED WITHOUT PREJUDICE AS TO ALL OTHER DEFTS. PLFF SHALL, IF HE SO DESIRES, FILE A THIRD AMENDED COMPLAINT WITHIN 14 DAYS OF THE DOCKETING OF THIS ORDER, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/3/16. 5/3/16 ENTERED AND COPIES E-MAILED.(kw, )