Johnson v. Cain et at

Filing 39

RULING: Accordingly, the Court declines to exercise supplemental jurisdiction over plaintiff's state law claims, and plaintiff's motion for summary judgment 29 is hereby DENIED. Defendants' motions to dismiss and for partial summary judgment 15 & 19 , respectively) are hereby GRANTED insofar as they seek dismissal of the claims asserted against defendants, Burl Cain, Joe Lamartinere, Marcus Callahan, and Troy Poret, with prejudice, and DENIED only insofar as they seek dismiss al of plaintiff's excessive force claim against defendant, Antonio Whitaker in his individual capacity. Plaintiff's motion to stay defendant's motion to dismiss 24 is hereby DENIED as moot, and IT IS ORDERED that this matter is hereby referred back for further proceedings consistent with this ruling. Signed by Judge Brian A. Jackson on 9/7/2010. (CMM, )

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