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14-042 - Leonard et al v. Starkey et al


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14-042 - Leonard et al v. Starkey et al
December 8, 2015
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT JULIE GARVIN'S MOTION TO DISMISS. The Court finds defendant Garvin is entitled to immunity, therefore, the 71 Motion to Dismiss is granted and the defendant, Julie Garvin is hereby dismissed from this action. Signed by District Judge John Preston Bailey on 12/8/15. (mh)
December 8, 2015
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MEMORANDUM OPINION AND ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO DISMISS. The Court grants in part and denies in part defendants Shingleton and Medina's 77 Motion to Dismiss. The Court denies, without prejudice, Medina and Shingleton's Motion to Dismiss as to the 1983 unlawful entry claims in Counts 1 and 2; denies without prejudice the Motion to Dismiss based on immunity; grants Medina and Shingleton's Motion to Dismiss and Dismisses Counts 3 and 4 insofar as these Counts pertain to the deputy defendants; grants Medina and Shingleton's Motion to Dismiss and Dismisses the assault claim in Count 6; denies Medina and Shingleton's Motion to Dismiss the civil conspiracy claim in Count 7 insofar as it pertains to 1983 conspiracy; and grants Medina and Shingleton's Motion to Dismiss the civil conspiracy claims in Count 7 insofar as they pertain to all other claims except the Section 1983 conspiracy. Signed by District Judge John Preston Bailey on 12/8/15. (mh)
January 14, 2016
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MEMORANDUM OPINION AND ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO DISMISS. The Court denies in part and grants in part the Defendants' 73 Motion to Dismiss. Therefore, the Court DENIES WITHOUT PREJUDICE the DHHR defendants Motion to Dismiss [Doc. 73], as to the § 1983 claims in Counts 1 and 2; DENIES WITHOUT PREJUDICE the Motion to Dismiss based on qualified immunity; GRANTS the DHHR defendants Motion to Dismiss and DISMISSES Counts 3 and 4 insofar as these Counts pertain to the DHHR defendants; DENIES the DHHR defendants Motion to Dismiss the civil conspiracy claim in Count 7 insofar as it pertains to § 1983 conspiracy; GRANTS the DHHR defendants Motion to Dismiss the civil conspiracy claims in Count 7 insofar as they pertain to all other claims except the Section 1983 conspiracy; and GRANTS the WVDHHRs Motion to Dismiss the vicarious liability claim in Count 8; accordingly, the WVDHHR is hereby DISMISSED from this action. Signed by District Judge John Preston Bailey on 1/14/16. (mh)
January 24, 2017
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS JAMES J. MEDINA, II'S AND COTY SHINGLETON'S MOTION FOR SUMMARY JUDGMENT. ***SEALED*** The Court grants the Defendants' 117 Motion for Summary Judgment. These Defendants are dismissed from this action. Signed by District Judge John Preston Bailey on 1/24/17. (Emailed to all counsel)(mh)
January 24, 2017
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS STARKEY, WARE AND WALKER'S MOTION FOR SUMMARY JUDGMENT. The Court grants the Defendants Starkey, Ware and Walker's 123 Motion for Summary Judgment ; finding as moot 138 Motion in Limine and 156 Motion for Leave to File. These defendants are dismissed from this action. All matters having now been dismissed, this matter is ORDERED STRICKEN from the active docket of this Court. The Clerk is directed to enter a separate judgment order in favor of all defendants in this matter. Signed by District Judge John Preston Bailey on 1/24/17. (Emailed to all counsel of record)(mh)