Mardis v. Timberlake et al

Filing 63

ORDER by Chief Judge Susan J. Dlott adopting Report and Recommendations 60 Report and Recommendation; Summary Judgement (doc. 36)is granted with respect to plaintiff's claims for illegal search, false arrest, false imprisonment, malicious pros ecution, invasion of privacy, right to counsel and intentional infliction of emotional distress; Summary Judgement is denied with respect toplaintiff's claims for excessive force, assault, batter and punitive damages. (vp) (Additional attachment(s) added on 11/25/2009: # 1 Certified Mail Receipt) (mtw1).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KENDLE MARDIS, Plaintiff(s), vs. OFFICER STEVE TIMBERLAKE, et. al., Defendant(s). : : : : : : : : :

Case Number: 1:07cv1005 Chief Judge Susan J. Dlott

ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Timothy S. Hogan. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on September 10, 2009 Report and Recommendation (Doc. 60). Subsequently, the defendant filed objections to such Report and Recommendation (Doc. 62). The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendation should be adopted. Accordingly, defendant's motion for summary judgment (Doc. 36) is GRANTED in part and DENIED in part in accordance with the decision herein. Summary Judgment is GRANTED with respect to plaintiff's claims for illegal search, false arrest, false imprisonment, malicious prosecution, invasion of privacy, right to counsel and intentional infliction of emotional distress. Summary Judgment is DENIED with respect to plaintiff's claims for excessive force,

assault and battery, and punitive damages. IT IS SO ORDERED.

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___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court