Bluedorn et al v. Wojnarek et al

Filing 72

ORDER: For the reasons expressed in the accompanying Memorandum, Defts' Motion for Summary Judgment is GRANTED in part and DENIED in part, Pltfs' Rule 59(e) Motion to Alter or Amend is GRANTED, and Pltfs' Motion for Reconsideration of Order of 10/3/08, and Daubert Motion is DENIED. The claims remaining for trial include the pltfs' excessive force claims against Deputies Wojnarek and Wall and all of the pltfs' state law claims, with the exception of the negligence claim against Montgomery County, over which this court declines to exercise supplemental jurisdiction. Signed by District Judge Aleta A. Trauger on 10/29/08. (tmw)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION CRAIG M. BLUEDORN, MELISSA L. BLUEDORN, individually and on behalf of SAVANNAH CLARK, d/o/b 10/28/1996, a minor, as Parent and next of Kin, ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) MARK J. WOJNAREK, individually and as ) Sheriff Deputy for the MONTGOMERY ) COUNTY SHERIFF'S DEPARTMENT, ) BILLY WALL, individually and as ) Sheriff Deputy for the MONTGOMERY ) COUNTY SHERIFF'S DEPARTMENT, ) JOHN STONE, individually and as ) Sheriff Deputy for the MONTGOMERY ) COUNTY SHERIFF'S DEPARTMENT, ) NORMAN LEWIS, individually and as ) Sheriff of MONTGOMERY COUNTY ) SHERIFF'S DEPARTMENT, ) and MONTGOMERY COUNTY, TENNESSEE,) ) Defendant. ) ORDER For the reasons expressed in the accompanying Memorandum, Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part, Plaintiffs' Rule 59(e) Motion to Alter or Amend is GRANTED, and Plaintiffs' Motion for Reconsideration of Order of October 3, 2008 and Daubert Motion is DENIED. The claims remaining for trial include the plaintiffs' excessive force claims against Deputies Wojnarek and Wall and all of the plaintiffs' state law

Case No. 3:07-cv-0839 Judge Trauger

claims, with the exception of the negligence claim against Montgomery County, over which this court declines to exercise supplemental jurisdiction. It is so Ordered. Entered this 29th day of October 2008.

_______________________________ ALETA A. TRAUGER United States District Judge