Filed: Feb. 14, 2017
Latest Update: Feb. 14, 2017
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 13TH DAY OF FEBRUARY, 2017 , upon de novo review of Magistrate Judge Carlson's Report & Recommendation, (Doc. 44), IT IS HEREBY ORDERED THAT: 1. The Report & Recommendation ("R&R"), (Doc. 44), is ADOPTED IN PART to the extent that it is consistent with this Court's accompanying Opinion and this Order. 2. Defendants' Objections, (Doc. 45), are OVERRULED IN PART AND SUSTAINED IN PART for the reasons outlined in this Court's a
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 13TH DAY OF FEBRUARY, 2017 , upon de novo review of Magistrate Judge Carlson's Report & Recommendation, (Doc. 44), IT IS HEREBY ORDERED THAT: 1. The Report & Recommendation ("R&R"), (Doc. 44), is ADOPTED IN PART to the extent that it is consistent with this Court's accompanying Opinion and this Order. 2. Defendants' Objections, (Doc. 45), are OVERRULED IN PART AND SUSTAINED IN PART for the reasons outlined in this Court's ac..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 13TH DAY OF FEBRUARY, 2017, upon de novo review of Magistrate Judge Carlson's Report & Recommendation, (Doc. 44), IT IS HEREBY ORDERED THAT:
1. The Report & Recommendation ("R&R"), (Doc. 44), is ADOPTED IN PART to the extent that it is consistent with this Court's accompanying Opinion and this Order.
2. Defendants' Objections, (Doc. 45), are OVERRULED IN PART AND SUSTAINED IN PART for the reasons outlined in this Court's accompanying Opinion.
3. Defendants' Motion to Dismiss, (Doc. 12), Plaintiff's Complaint is GRANTED IN PART AND DENIED IN PART, specifically:
a. Count II of the Complaint, (Doc. 1), is DISMISSED WITH PREJUDICE as to all Defendants.
b. Count VI of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendants Ferguson and Salamon and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order.
c. Count VII of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendant Salamon and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order.
d. Count VIII is DISMISSED WITHOUT PREJUDICE as to all Defendants and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order.
e. Count X of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendants Lamas and Glunt and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order.
f. Count XI of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to all Defendants and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order.
g. Defendants' Motion to Dismiss, (Doc. 12), is otherwise DENIED.
4. The following counts remain pending in this action:
a. Count I — Violation of Eighth Amendment by Sexual Assault against Defendant Zong.
b. Count III — Violation of Fourteenth Amendment1 by Invasion of Privacy against Defendants Zong, Rogers, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller.
c. Count IV — Violation of Fourth Amendment by Unreasonable Search and Seizure against Defendant Zong.
d. Count V — Violation of Fourth and Eighth Amendments by Failure to Intervene against Defendants Rogers, Bumbarger, Foster, Nicholas, Cienfuegos, Snyder, and Miller.
e. Count VI — Violation of Fourth and Eighth Amendments by Failure to Supervise against Lamas, Glunt, Harpster, Rogers, and Garman.
f. Count VII — Violation of Fourth and Eighth Amendments by Failure to Train against Garman, Dooley, and John Does #1, #2, and #3.
g. Count IX — Violation of Equal Protects Clause of Fourteenth Amendment against Defendants Lamas, Glunt, Ferguson, Dooley, Salamon, Garman, Tice, Hoover, Vance, Harpster, and Rogers.
h. Count X — Violation of Free Exercise Clause of First Amendment against Defendant Zong.
i. Count XII — Sexual Assault against Defendant Zong.
j. Count XIII — Sexual Battery against Defendant Zong.
k. Count XIV — Intention Infliction of Emotional Distress against Defendants Zong, Glunt, Ferguson, Tice, Hoover, Vance, Harpster, Rogers, Salamon, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller.
I. Count XV — Defamation against Defendants Bumbarger, Foster, Nicholas, Cienfuegos, and Miller.
m. Count XVI — Invasion of Privacy against Defendants Zong, Rogers, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller.
5. Defendants' Motion for a More Definite Statement, (Doc. 12), is DENIED.
6. Plaintiff's Counsel shall, within fourteen (14) days from the date of this Order, comply with Federal Rule of Civil Procedure 10 by fully identifying the name of her client or seeking leave to have her client proceed anonymously.
7. The case is REMANDED to Magistrate Judge Carlson for further proceedings consistent with this Order.
