Ball-Bey v. Chandler et al

Filing 103

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Motion to Dismiss Count II filed by Defendants Kyle Chandler and Ronald Vaughn (Doc. 74) is GRANTED. The assault and battery claims in Count II are DISMISSED, with prejudice. Signed by Magistrate Judge Shirley Padmore Mensah on November 16, 2020. (MCB)

Case: 4:18-cv-01364-SPM Doc. #: 103 Filed: 11/16/20 Page: 1 of 2 PageID #: 873

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DENNIS BALL-BEY,
Plaintiff,
v.
KYLE CHANDLER, et al.,
Defendants.

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Case No. 4:18-CV-01364-SPM

MEMORANDUM AND ORDER
This matter is before the Court on the Motion to Dismiss Plaintiff’s Assault and Battery
Claims filed by Defendants Kyle Chandler and Ronald Vaughn (the “Officer Defendants”). (Doc.
74). The parties have consented to the jurisdiction of the undersigned United States Magistrate
Judge pursuant to 28 U.S.C. § 636(c) (Doc. 12). For the following reasons, the motion will be
granted.
In the instant motion, the Officer Defendants ask the Court to dismiss the assault and
battery claims in Count II of the Second Amended Complaint because the claims were not filed
within the two-year period dictated by the applicable statute of limitations. Plaintiff previously
asserted the assault and battery claims at issue in Count II of the First Amended Complaint, and
the Officer Defendants moved to dismiss those claims as untimely. Plaintiff did not dispute that
argument. On May 8, 2020, the Court entered a Memorandum and Order finding the assault and
battery claims in Count II were barred by the applicable statute of limitations and granting the
Officer Defendants’ motion to dismiss those claims. (Doc. 69). 1

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The Court denied the Officer Defendants’ motion to dismiss the wrongful death claim in Count
II. They do not renew their motion to dismiss that aspect of Count II in the instant motion.
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Case: 4:18-cv-01364-SPM Doc. #: 103 Filed: 11/16/20 Page: 2 of 2 PageID #: 874

Nothing in the Second Amended Complaint changes the Court’s conclusion that Plaintiff’s
assault and battery claims are barred by the applicable statute of limitations. The factual allegations
regarding the alleged assault and battery in the Second Amended Complaint are substantively the
same as those in the First Amended Complaint, and the date on which the alleged assault and
battery occurred is identical. Thus, for the reasons stated in the Court’s prior Memorandum and
Order, the assault and battery claims will be dismissed as untimely.
Accordingly,
IT IS HEREBY ORDERED that the Motion to Dismiss Count II filed by Defendants
Kyle Chandler and Ronald Vaughn (Doc. 74) is GRANTED. The assault and battery claims in
Count II are DISMISSED, with prejudice.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 16th day of November, 2020

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