Seyfarth v. Hahn et al

Filing 11

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process to issueupon defendant Hahn in his individual capacity as to plaintiffs claims of excessive force and unlawful arrest under the Fourth Amendment, as well as plaintiffs state law claims of false arrest, malicious prosecution, assault and battery, civil conspiracy, and intentional infliction of emotional distress. IT IS FURTHER ORDERED that the United States Marshalls Service shall personally deliver the summons to Officer Hahn at the St. Francois County Sheriffs Office.. Signed by District Judge John A. Ross on 2/11/19. (KKS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) ) ) ) ) ) ) )_ ) ) JOSHUA W. SEYFARTH, Plaintiff, V. OFFI.CER HAHN, et al., Defendants. No. 4: 18-cv-00805-JAR MEMORANDUM AND ORDER This matter comes before the Court on its own motion. On October 24, 2018, the Court ordered defendant Officer Hahn to be served in his individual capacity as to plaintiffs claims of excessive force and unlawful arrest under the Fourth Amendment, as well as plaintiffs state law claims of false arrest, malicious prosecution, assault and battery, civil conspiracy, and intentional infliction of emotional distress. (Docket No. 5). Summons was issued that same day. (Docket No. 7). On November 2, 2018, the summons was returned executed on Officer Hahn. (Docket No. 10). According to the return, Officer Hahn was served at his place of employment at the St. Francois County Sheriffs Office. The summons was left with Sergeant Hardy White of the St.. Francois County Sheriffs Department As of this date, defendant Hahn has not answered the complaint arid no one has entered an appearance on· his behalf. Therefore, under these circumstances, the Court will direct the Clerk of Court to reissue process on defendant Hahn. The Court will further order the United States Marshals Service to personally deliver the summons to Officer Hahn at the St. Francois County Sheriffs Office, rather than leaving the summons with any third party. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall issue process or cause process to issue·upon defendant Hahn in his individual capacity as to plaintiffs claims of excessive force and unlawful arrest under the Fourth Amendment, as well as plaintiffs state law claims of false arrest, malicious prosecution, assault and battery, civil conspiracy, and intentional infliction of emotional distress. IT IS FURTHER ORDERED that the United States Marshalls Service shall personally deliver the summons to Officer Hahn at the St. Francois County Sheriffs Office. Dated this }6y ~ of , 2019. ~£· ~ J A. ROSS DISTRICT JUDGE 2

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