BREITWEISER v. INDIANA DEPARTMENT OF CHILD SERVICES et al

Filing 112

ORDER ADOPTING REPORT AND RECOMMENDATION - The Magistrate Judge submitted his Report and Recommendation [Dkt. 103] on Defendants' Motion for Judgment on the Pleadings [Dkt. 47]. The parties were afforded due opportunity pursuant to statu te and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Defendants 9; Motion for Judgment on the Pleadings is GRANTED IN PART and DENIED IN PART. Plaintiff's Fourth Amendment and due process claims, Counts I and II of the Amended Complaint [Dkt. 42], shall proceed against Defendant Nola Hunt in her individual capacity. All other claims against all other Defendants are DISMISSED WITH PREJUDICE. The Clerk is directed to update the caption to reflect Defendant Hunt as the sole remaining Defendant. Signed by Judge Tanya Walton Pratt on 11/29/2016. (CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
BETH BREITWEISER,
Plaintiff,
vs.
INDIANA DEPARTMENT OF CHILD
SERVICES,
MARY BETH BONEVENTURA,
PEGGY SURBEY,
NOLA HUNT,
Defendants.

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No. 1:15-cv-01687-TWP-MJD

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted his Report and Recommendation [Dkt. 103] on
Defendants’ Motion for Judgment on the Pleadings [Dkt. 47]. The parties were afforded due
opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The
Court, having considered the Magistrate Judge’s Report and Recommendation, hereby adopts the
Magistrate Judge’s Report and Recommendation.
Accordingly, Defendants’ Motion for Judgment on the Pleadings is GRANTED IN
PART and DENIED IN PART. Specifically, Plaintiff’s Fourth Amendment and due process
claims, Counts I and II of the Amended Complaint [Dkt. 42], shall proceed against Defendant
Nola Hunt in her individual capacity. All other claims against all other Defendants are
DISMISSED WITH PREJUDICE. The Clerk is directed to update the caption to reflect
Defendant Hunt as the sole remaining Defendant.

Date: 11/29/2016

Distribution:
E. Scott Treadway
EST LAW, LLC
[e-mail]
William Hackl Brainard
INDIANA ATTORNEY GENERAL
[e-mail]
Raymond J. Biederman
MATTINGLY BURKE COHEN & BIEDERMAN LLP
[e-mail]
Matthew Keith Phillips
OFFICE OF THE ATTORNEY GENERAL
[e-mail]