BOSS HOGGS BBQ, LLC v. MARION COUNTY PROSECUTOR'S OFFICE et al

Filing 79

ADOPTION of 78 REPORT AND RECOMMENDATIONS - Defendants' Motions to Dismiss [Docket Nos. 62 , 68 ] are therefore granted in part and denied in part. Accordingly, (1) Ciesielski and Daniels in their official and personal capacities are dis missed from this case with prejudice, (2) Plaintiff's request for declaratory relief is dismissed with prejudice, (3) Plaintiff's due process claims survive dismissal, but subject to the limitations set forth in the Report and Recommendation, and (4) Plaintiff's equal protection claim is dismissed with prejudice. Signed by Judge Tanya Walton Pratt on 2/27/2012.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

BOSS HOGGS BBQ, LLC,
Plaintiff,
vs.
MARION COUNTY PROSECUTOR’S
OFFICE, et al.,
Defendants.

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1:10-cv-1318-TWP-TAB

ADOPTION
The Magistrate Judge submitted his Report and Recommendation on Defendants’
motions to dismiss. Parties were afforded due opportunity pursuant to statute and the rules of
this Court to file objections. The Court, having considered the Magistrate Judge’s Report and
any objections, approves and adopts the Magistrate Judge’s Report and Recommendation.
Defendants’ motions to dismiss [Docket Nos. 62, 68] are therefore granted in part and denied in
part. Accordingly, (1) Ciesielski and Daniels in their official and personal capacities are
dismissed from this case with prejudice, (2) Plaintiff’s request for declaratory relief is dismissed
with prejudice, (3) Plaintiff’s due process claims survive dismissal, but subject to the limitations
set forth in the Report and Recommendation, and (4) Plaintiff’s equal protection claim is
dismissed with prejudice.
Dated:

02/27/2012

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Copies to:
David A. Arthur
INDIANA OFFICE OF THE ATTORNEY GENERAL
[e-mail]
Jennifer Lynn Haley Springer
CITY OF INDIANAPOLIS, CORPORATION COUNSEL
[e-mail]
Katie J. Kawiecki
OFFICE OF CORPORATION COUNSEL
[e-mail]
Adam Lenkowsky
ROBERTS & BISHOP
[e-mail]
Kenneth T. Roberts
ROBERTS & BISHOP
[e-mail]
Tasha Rebecca Roberts
ROBERTS AND BISHOP
[e-mail]
Alexander Phillip Will
OFFICE OF CORPORATION COUNSEL
[e-mail]