Dean et al v. City of Dubuque, IA et al

Filing 43

ORDER re 40 Jury Verdict: The court accepted the verdicts on all counts, except for Count 3C. On Count 3C the court, with agreement of all parties, declared a mistrial and discharged the jury. Counsel shall contact the court jointly, in writing or by telephone, to schedule a new trial date on Count 3C or Plaintiffs shall file a dismissal if appropriate. Signed by Magistrate Judge Kelly Mahoney on 7/26/2017. (skm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF IOWA
EASTERN DIVISION
TINA DEAN, Individually and as next of
friend for her minor children DD, DC, and
DZD; and TRACY MCGONIGLE, as
next of friend for her minor child HH,
No. 16-CV-1003-KEM
Plaintiffs,
vs.

ORDER

JAY MURRAY and BRIAN JOBGEN,
Individually and as police officers for the
City of Dubuque Iowa,
Defendants.
___________________________
Following lengthy deliberations the jury notified the court that they were unable
to reach a verdict that was unanimous on one count, but that they had reached verdicts
on the remaining counts. Counsel for the parties agreed to acceptance of the partial
verdict and that a mistrial be declared on the count for which the jury was unable to reach
a verdict. The court accepted the verdicts on all counts, except for Count 3C (D.C.’s
unlawful arrest). On Count 3C the court, with agreement of all parties, declared a
mistrial and discharged the jury.
Counsel shall contact the court jointly, in writing or by telephone, to schedule a
new trial date on Count 3C or Plaintiffs shall file a dismissal if appropriate.
IT IS SO ORDERED.
DATED this 26th day of July, 2017.