Pitts et al v. City of Cuba et al

Filing 87

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants Frank Magel, Shane Spratt, and South Central Drug Task Force's Motion to Dismiss [doc. # 35 ] is DENIED. IT IS FURTHER ORDERED that Defendants Crawford County Sheriff's Department, Randy Martin, and Jay Coleman's Motion to Dismiss [doc. # 43 ] is GRANTED, in part, and DENIED, in part. Count XXIX is DISMISSED, with prejudice, as are Counts XI, XII, XIV, XV, XVI, and XVII, as to Defendant Martin and Defendant Coleman only. I T IS FURTHER ORDERED that Motion of Defendants Robert Rickerd and Owensville Police Department to Dismiss [doc. # 45 ] is GRANTED. Counts I, XI, XII, XV, and XVI are DISMISSED, with prejudice, as to Defendant Rickerd only. Count XXV, the sole Count a lleged against Defendant OPD, is also DISMISSED, with prejudice. IT IS FURTHER ORDERED that Defendants Missouri State Highway Patrol, Rhonda Shanika, and Nicholas Mathews' Motion to Dismiss [doc. # 51 ] is GRANTED, in part, and DENIED, in part. Counts XXI, XXII, XXIII, and XXIV are DISMISSED, with prejudice. Count XXX is DISMISSED, without prejudice. IT IS FURTHER ORDERED that Motion of Defendants Steelville Police Department and Adam Reed to Dismiss [doc. # 74 ] is GRANTED. Count XXXV is D ISMISSED, with prejudice. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File an Amended Complaint [doc. # 63 ] is GRANTED, in part, and DENIED, in part, as set forth above. Plaintiffs are directed to file, no later than January 31, 2011, a complete updated Amended Complaint, containing all of the Counts alleged against all of the Defendants, with the proposed amendments made to Counts XXVI, XXVII, XXVIII, and XXX only. IT IS FURTHER ORDERED that Motion to Strike Plaintiffs' ; Sur-Reply to Defendants' Motion to Dismiss [doc. # 54 ] is DENIED, as moot. Plaintiffs' Motions to Quash [docs. # 48 , 56 , 58 ], which are actually responsive briefs, are also DENIED, as moot. (Response to Court due by 1/31/2011). Signed by Honorable E. Richard Webber on 1/7/11. (KLH)