Andrews v. State of Nebraska et al

Filing 43

ORDER AND JUDGMENT - Pursuant to the Memorandum Opinion 42 entered herein this date, IT IS ORDERED: Defendants' Motion for Summary Judgment (Filing No. 33 ) is granted, and plaintiff's claims against Officers Fickel and Hanzek in their individual capacities are dismissed with prejudice. Pursuant to the Court's orders from October 24, 2011, and January 19, 2012, plaintiff's claims against the State of Nebraska, the City of Omaha, the City of Omaha Police Department, Doug las County, Douglas County Corrections, Douglas County Sheriff, and Fickel and Hanzek in their official capacities are dismissed without prejudice. Plaintiff's "Motion to Deny Summary Judgment" (Filing No. 36 ) is denied. Defendant s' Motion to Quash (Filing No. 40 ) is denied as moot. The clerk's office is directed to update the Court's records to reflect that defendants' names are Robert Fickel and David Hanzek. Judgment is entered in favor of defendan ts Robert Fickel and David Hanzek in their individual capacities, and against plaintiff Michael Andrews. Plaintiff shall take nothing and this case is dismissed with prejudice as to these defendants. Plaintiff's claims against the State of Nebr aska, the City of Omaha, the City of Omaha Police Department, Douglas County, Douglas County Corrections, Douglas County Sheriff, and Fickel and Hanzek in their official capacities are dismissed without prejudice. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL ANDREWS,

)
)
Plaintiff,
)
)
v.
)
)
FICKELL, Officer, et al., and )
HANZEK, Officer, City of
)
Omaha Police Department,
)
et al.,
)
)
Defendants.
)
)

8:11CV279

ORDER AND JUDGMENT

Pursuant to the Memorandum Opinion entered herein this
date,
IT IS ORDERED:
1) Defendants’ Motion for Summary Judgment (Filing No.
33) is granted, and plaintiff’s claims against Officers Fickel
and Hanzek in their individual capacities are dismissed with
prejudice.
2)

Pursuant to the Court’s orders from October 24,

2011, and January 19, 2012, plaintiff’s claims against the State
of Nebraska, the City of Omaha, the City of Omaha Police
Department, Douglas County, Douglas County Corrections, Douglas
County Sheriff, and Fickel and Hanzek in their official
capacities are dismissed without prejudice.
3)

Plaintiff’s “Motion to Deny Summary Judgment”

(Filing No. 36) is denied.

4)

Defendants’ Motion to Quash (Filing No. 40) is

denied as moot.
5)

The clerk’s office is directed to update the

Court’s records to reflect that defendants’ names are Robert
Fickel and David Hanzek.
6) Judgment is entered in favor of defendants Robert
Fickel and David Hanzek in their individual capacities, and
against plaintiff Michael Andrews.

Plaintiff shall take nothing

and this case is dismissed with prejudice as to these defendants.
7)

Plaintiff’s claims against the State of Nebraska,

the City of Omaha, the City of Omaha Police Department, Douglas
County, Douglas County Corrections, Douglas County Sheriff, and
Fickel and Hanzek in their official capacities are dismissed
without prejudice.
DATED this 16th day of May, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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