Enoch v. Hamilton County Sheriff's Office et al

Filing 61

ORDER 1. Denying as Moot 40 defendants Wolfzorn, Knight, Ferguson and Horton's Motion to Dismiss. 2. Defendants' 41 Motion for Judgment on the Pleadings is Granted as to: Plaintiffs' claims against all defendants u nder Count IV- Excessive Force-Fourth amendment; Count VII- State Law Claims: Malicious Prosecution; Court IX-State Law Claim: False Imprisonment/False Arrest; and Count XI-State Law Claim: Assault and Battery. Plaintiffs' claims against defend ant Neil in his individual capacity. 3. Defendants' 41 Motion for Judgment on the pleadings is Denied as to: Plaintiffs' 1983 claims against defendant Neil in his official capacity and defendants Hogan and Nobles in their individ ual capacity under Count 1-Violation of Free Speech Rights-First and Fourteenth Amendments; Count II- Violation of Fourth Amendment Rights; Count III-False Arrest/Unlawful Detention/False Imprisonment-Fourth amendment; and Count V-Malicious Prosecuti on-Fourth and Fourteenth Amendments. Plaintiffs' claim against defendant Neil in his official capacity under Count VI-Ratification-Fourth and Fourteenth Amendments. Plaintiffs' claims under Count VIII-State Law Claim: Negligent and Intentional Infliction of Emotional Distress, and Count X-State Law Claim: Invasion of Privacy. Signed by Magistrate Judge Karen L. Litkovitz on 5/18/2017. (art)