MYERS v. HENDERSON

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

THOMAS A. MYERS, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-02044-JPH-MPB ) MUNCIE CITY POLICE DEPARTMENT, ) NATHAN SLOAN Chief, ) JOSH CARRINGTON Officer, ) DANIELLE BRADFORD Officer, ) JOHN HENDERSON Officer, ) ) Defendants. ) ORDER ADOPTING REPORT AND RECOMMENDATION

Magistrate Judge Matthew Brookman has entered a Report and Recommendation, dkt. 44, recommending that the Court grant in part and deny in part Defendants' motion for judgment on the pleadings, dkt. 32. The parties have had the opportunity to object but have not done so. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1). The Court has considered and now ADOPTS the Report and Recommendation. Dkt. [44]. The motion for judgment on the pleadings, dkt. [32] is GRANTED in part and DENIED in part as follows: • Plaintiff's extortion claim, vicarious liability claim against Chief Sloan and/or the City, claims under the Indiana Constitution, claim under the Ninth Amendment, and general claim under 42 U.S.C. § 1983 are DISMISSED with prejudice. Defendant Muncie City Police Department is DISMISSED with prejudice; the clerk shall remove it as a defendant on the docket. e Plaintiffs Monell claim against Chief Sloan and/or the City; failure to intervene claim (excessive force) against Officers Carrington and Bradford; failure to intervene claim (arrest/detention) against all defendants; Fourth, Sixth, Eighth, and Fourteenth Amendment claims; and state law tort claims against the officers in their individual capacities and against Chief Sloan in his official capacity are DISMISSED without prejudice. e The motion for judgment on the pleadings is DENIED only as to Plaintiffs failure to intervene claim (excessive force) against Officer Henderson. That is the only remaining claim.

Any motion to amend the complaint must be filed by July 16, 2021. If no motion to amend is filed, Plaintiff's failure to intervene claim (excessive force) against Officer Henderson will proceed and all other claims will be dismissed with prejudice. See Bausch v. Stryker Corp., 630 F.3d 546, 562 (7th Cir. 2010). SO ORDERED. Date: 6/29/2021

James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution:

THOMAS A. MYERS 2013 Lazycreek Muncie, IN 47302

Tia J. Combs FREEMAN MATHIS & GARY, LLP tcombs@fmglaw.com

Casey C. Stansbury FREEMAN MATHIS & GARY, LLP cstansbury@fmglaw.com

Caitlin McQueen Tubbesing FREEMAN MATHIS & GARY, LLP ctubbesing@fmglaw.com