Scott v. City of Peoria et al

Filing 50

OPINION : (1)The City's Motion to Dismiss Fourth Amended Complaint 44 is GRANTED in part and DENIED in part. The Motion is granted as to Pltf's claims under the Fifth, Sixth and Eighth Amendments to the United States Constitution. The M otion is denied as to Pltf's claim under the Fourteenth Amendment to the Constitution. (2) The individual dfts' Motion to Dismiss Fourth Amended Complaint 42 is GRANTED in part and DENIED in part. The Motion is granted as to Pltf's claims under the Fifth, Sixth and Eighth Amendments to the Constitution and as to Pltf's claims against the individual defendants under the Illinois Civil Rights Act of 2003. These claims are dismissed with prejudice. However, Pltf's claim under the Illinois Civil Rights Act of 2003 remains as to the City. The individual dfts' Motion 42 is denied as to Pltf's Fourteenth Amendment equal protection claim and as to Plaintiff's state law conspiracy claim. (3) This case remains scheduled for a final pretrial conference on 6/6/2012 at 1:30PM and a jury trial on 6/25/2012 at 9:00 AM Entered by Chief Judge Michael P. McCuskey on 2/17/11. (SF, ilcd)