Micius et al v. Bailey et al
Filing 60
MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' 44 Motion for Summary Judgment. (1) The motion is granted as to Count One, in regards to the February 22, 2009 incident only , and that claim is dismissed with prejudice. (2) The motion is granted as to Counts Two, Three, and Four of the plaintiff's federal law claims, and those claims are dismissed with prejudice. (3) The motion on Count On e (excessive force) is denied as to the December 25, 2007 incident. (4) Plaintiff may amend her complaint to properly articulate her state law claim of battery. (5) Plaintiff's state claim of trespass to chattel is dismissed without prejudice. (Written Opinion). Signed by Judge John R. Tunheim on February 8, 2011. (DML)
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