Jones v. Minneapolis, City of et al

Filing 34

ORDER granting in part and denying in part 11 Motion for Summary Judgment (Written Opinion). Signed by Judge Donovan W. Frank on 08/31/2009. (rlb)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Rickey Jones, Plaintiff, v. City of Minneapolis, Minnesota, Officer Jonathan Kingsbury (in his individual capacity); Officer Craig Taylor (in his individual capacity); Officer Jomar Villamore (in his individual capacity); Officer Kevin Lazarchic (in his individual capacity); and John Does 1-5, Defendants. ________________________________________________________________________ Jill Clark, Esq., Jill Clark, PA, counsel for Plaintiff. James A. Moore, Assistant City Attorney, Minneapolis City Attorney's Office, counsel for Defendants. ________________________________________________________________________ This matter is before the Court on Defendants' Motion for Summary Judgment. For the reasons to be set forth in a separate forthcoming memorandum opinion, the Court grants in part and denies in part the motion. Based on the files, records, and proceedings herein, and for the reasons to be set forth in a separate memorandum opinion, IT IS ORDERED that: 1. Defendants' Motion for Summary Judgment (Doc. No. 11) is GRANTED ORDER Civil No. 07-3577 (DWF/SRN)

IN PART and DENIED IN PART as follows:

a.

Defendants' motion is GRANTED as to Defendants John

Does 1-5. Defendants John Does 1-5 are DISMISSED WITH PREJUDICE from this action. b. Defendants' motion is DENIED as to Plaintiff's 42 U.S.C.

§ 1983 claims against the City of Minneapolis, Officer Jonathan Kingsbury, Officer Craig Taylor, Officer Jomar Villamore, and Officer Kevin Lazarchic.

Dated: August 31, 2009

s/Donovan W. Frank DONOVAN W. FRANK United States District Judge

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