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

Filing 41

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

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.

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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

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