Laning et al v. Doyle et al

Filing 34

DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #23) - CONCLUSION For the reasons set forth above, Defendants' Motion for Judgment on the Pleadings, Doc. #23, is SUSTAINED IN PART and OVERRULED IN PART, as follows: All claims against Chief Schommer and Sergeant John Doe (Count Ill), and all claims brought against Officer Doyle in his official capacity, are DISMISSED WITH PREJUDICE; The following claims brought against Officer Doyle in his individual capacity are DISMISSED WITH PREJUDICE: Count 1: Unlawful Seizure, Detention, Search and Arrest Count IV: Count V: Count VII: Count X: claim) Malicious Prosecution False Arrest Assault and Battery (federal claim) Intentional Infliction of Emotional Distress (federal The following claims brought against Officer Doyle in his individual capacity remain pending: Count II : Excessive Force (42 U.S.C. § 1983) Count VI: Retaliatory Arrest (42 U.S.C. § 1 983) Count VIII: Assault and Battery (state claim) Count IX: Loss of Consortium (state claim) Count X: claim) Intentional Infliction of Emotional Distress (state Claim for compensatory and punitive damages The following claim brought against the City of Huber Heights remains pending: Count Ill (42 U.S.C. § 1983 only). Signed by Judge Walter H Rice on 2/18/2015. (srb1)