Anderson v. Bush et al

Filing 27

MEMORANDUM AND ORDER granting 19 Defendant Thomas Bush's Motion to Dismiss. Signed by Chief Judge J. Thomas Marten on 4/10/2017. Mailed to pro se party Dewayne Antoine Anderson by regular mail. (mam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DEWAYNE ANTOINE ANDERSON
Plaintiff,
vs.

Case No. 16-1376-JTM

THOMAS BUSH, et al.,
Defendants.

MEMORANDUM AND ORDER
Pro se plaintiff Dewayne Antoine Anderson alleges that, following an automobile
accident, he was subjected to an excessive use of force by the Wichita Police
Department. His complaint names as defendants the Chief of the Department, one of its
officers, and Thomas Bush, the driver of the other vehicle. Bush has moved to dismiss
the action, arguing there is no plausible ground for advancing an excessive force claim
against him. As an alternative to dismissal, Bush seeks summary judgment, submitting
evidence that his insurance company separately settled with Anderson, who agreed to
release “all claims … based on the injuries and damages from this accident.” (Dkt. 20, ¶
6).
Anderson has filed no response to the motion, and a copy of Bush’s motion sent
by mail to the address listed in his complaint has been returned as undeliverable. (Dkt.

26). Accordingly, for good cause shown and pursuant to D.Kan.R. 7.4, the defendant’s
Motion to Dismiss (Dkt. 19) is hereby granted.

s/ J. Thomas Marten
Chief United States District Judge

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