Brestan et al v. Skaggs et al, No. 1:2007cv01179 - Document 111 (C.D. Ill. 2010)

Court Description: OPINION AND ORDER: The Motion for Summary Judgment filed by Defendants 80 is GRANTED IN PART and DENIED IN PART and the Motion to Strike filed by Plaintiffs 103 is DENIED. The Motion for Summary Judgment is GRANTED only with respect to damages f or any malicious prosection claim Plaintiff may be asserting, for any Constitutional claim for loss of consortium, for those claims for damages that are not supported by state law regarding loss of consortium claims, and on Jamie Breston's claim s for punitive damages. In all other respects, the Motion is DENIED. This matter is SET for a telephonic conference on 9/30/10 at 10:30AM (CST) to discuss the timing of the Final Pretrial Conference and Trial in this matter. In addition, Plaintiffs shall SHOW CAUSE by 9/30/10 why Does 1-10 may not be dismissed from this action. (court will place call) before Judge Joe Billy McDade.). Entered by Judge Joe Billy McDade on 9/21/10. (SF, ilcd)