Bailey et al v. Polk County, North Carolina et al

Filing 41

JUDGMENT. Signed by District Judge Martin Reidinger on 1/13/12. (ejb)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:10cv264 MAX BAILEY; MARGARET DALTON; CASEY JOE HUNTLEY, as personal representative of the Estate of CARLTON BILL HUNTLEY, deceased; K.C., by his mother and next friend, Margaret Dalton; A.D., by her grandmother and next friend, Margaret Dalton; and STEVE MARLOWE, Plaintiffs, vs. POLK COUNTY, NORTH CAROLINA; POLK COUNTY SHERIFF’S DEPARTMENT; MATT PRINCE; TRENT CARSWELL; CHRIS ABRIL; CHARLES GRADY SHEHAN; UNKNOWN POLICE OFFICERS; and OTHER UNKNOWN STATE AND FEDERAL LAW ENFORCEMENT AGENCIES, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) JUDGMENT For the reasons stated in the Memorandum of Decision and Order entered contemporaneously herewith, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Plaintiffs’ Motion for Reconsideration of Memorandum of Decision and Order Denying Plaintiffs’ Motion for Leave to Amend Complaint [Doc. 36] is DENIED; Plaintiff Huntley’s claims for false arrest under 42 U.S.C. § 1983 and for false arrest and imprisonment under North Carolina law are ABATED; Plaintiff Huntley’s remaining state law claims for assault, battery, and intentional infliction of emotional distress are DISMISSED WITHOUT PREJUDICE; and Plaintiffs’ Motion for Entry of Default against Defendant Charles Grady Shehan [Doc. 39] is DENIED AS MOOT, and all claims against Defendant Shehan are hereby DISMISSED. Signed: January 13, 2012 2

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