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06-320 - Minton v. Shultz et al


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06-320 - Minton v. Shultz et al
April 22, 2008
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ORDER; The court finds that plaintiff should be afforded an opportunity to file an amended complaint restating her causes of action. If plaintiff chooses to file an amended complaint, it must be filed on or before April 28, 2008. Signed by District Judge Thomas W Phillips on 4/22/08. (ADA)
September 23, 2008
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ORDER that the Motion for Summary Judgment filed by Harry Shultz, in his individual capacity 21 68 is GRANTED. The Motion for Summary Judgment filed by Claiborne County 15 62 is GRANTED IN PART AND DENIED IN PART. The Motion for Summary Judgment filed by Randy Richards, in his individual capacity 18 65 is GRANTED IN PART AND DENIED IN PART. The defendant's motion to dismiss plaintiff's claims for false arrest, denial of equal protection, malicious prosecution and malicious harassment 57 is GRANTED. Plaintiff may proceed to trial on her claims of failure to train, assault and battery, intentional infliction of emotional distress and negligence. Ernie Womack, Robert Chadwell, John McMurry, David Breeding, Randy Bullen and Don Allen are DISMISSED as defendants. Defendants' Motion to Strike Plaintiff's response to their motions for summary judgment 32 is DENIED. Defendants' motion to strike plaintiff's affidavits 40 is DENIED. Defendants' Motion to strike plaintiff's expert witnesses 42 is DENIED and Defendants' Motion to Dismiss for Failure to Prosecute 44 is DENIED. Signed by District Judge Thomas W Phillips on 9/23/08. (ANB)