Luster et al v. City of Dallas et al

Filing 144

Order Accepting Findings and Recommendations re: 72 MOTION for Summary Judgment. Plaintiffs' claims premised on the unlawful detention of Decedent and DaMon, the unlawful seizure of Decedent, the unlawful arrest of DaMon, the use of e xcessive force against DaMon, the denial of due process of law as to Decedent, the denial of equal protection as to Decedent and DaMon, as well as Plaintiffs state law claims against the City and Tolerton are DISMISSED WITH PREJUDICE. (Ordered by Judge Jane J. Boyle on 8/29/2018) (epm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CASSANDRA LUSTER, Individually
and A/N/F/ of D. L., a Minor Child, et al.,
Plaintiffs,

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v.
CITY OF DALLAS, et al.,
Defendants.

Civil Action No. 3:16-CV-0396-B

ORDER ACCEPTING THE FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
United States Magistrate Judge Renée Harris Toliver made findings, conclusions and a
recommendation in this case. No objections were filed. The Court reviewed the proposed
findings, conclusions and recommendation for plain error. Finding none, the Court accepts the
Findings, Conclusions and Recommendation of the United States Magistrate Judge. Defendants
City of Dallas and Aaron Tolerton’s Motion for Partial Summary Judgment, Doc. 72, is
GRANTED. Plaintiffs’ claims premised on the unlawful detention of Decedent and DaMon, the
unlawful seizure of Decedent, the unlawful arrest of DaMon, the use of excessive force against
DaMon, the denial of due process of law as to Decedent, the denial of equal protection as to
Decedent and DaMon, as well as Plaintiffs’ state law claims against the City and Tolerton are
DISMISSED WITH PREJUDICE.
SO ORDERED this 29th day of August, 2018.

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE