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Strause v. Starner

August 31, 2009

HEIDI STRAUSE, ET AL., PLAINTIFFS
v.
THOMAS STARNER, DEFENDANT



The opinion of the court was delivered by: Stengel, J.

ORDER

AND NOW, this 31st day of August, 2009, upon consideration of the defendant's Motion to Dismiss (Document #5), it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART as follows:

1. With respect to Count I (Illegal Seizure), the motion is DENIED;

2. With respect to Count II (Illegal Arrest), the motion is GRANTED;

3. With respect to Count III (Race Discrimination), the motion is GRANTED; and

4. Any request for punitive damages against the defendant in his official capacity is DISMISSED.

LAWRENCE F. STENGEL, J.

20090831

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