Shoup v. Doyle et al, No. 3:2012cv00351 - Document 22 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS MOTION TO DISMISS (DOC. # 7 ); PLAINTIFFS FOURTH CLAIM (MALICIOUS PROSECUTION UNDER STATE LAW), TENTH CLAIM (MALICIOUS PROSECUTION UNDER FEDERAL LAW), SEVENTH CLAIM AND ALL STAT E LAW CLAIMS AGAINST DEFENDANT THE CITY OF HUBER HEIGHTS, AND THIRTEENTH CLAIM (PUNITIVE DAMAGES) ARE DISMISSED WITH PREJUDICE; PLAINTIFFS FIRST CLAIM (ASSAULT), SECOND CLAIM (FALSE IMPRISONMENT), THIRD CLAIM (FALSE ARREST), FIFTH CLAIM (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS), SIXTH CLAIM (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS), EIGHTH CLAIM (UNLAWFUL SEIZURE), ELEVENTH CLAIM (DELIBERATE INDIFFERENCE), AND TWELFTH CLAIM (FAILURE TO TRAIN) ARE DISMISSED WITHOUT PREJUDICE; PLAINTIFF GRANTED LEAVE TO AMEND COMPLAINT WITHIN TWENTY (20) DAYS TO REPLEAD CLAIMS DISMISSED WITHOUT PREJUDICE, WITH NOTICE OF DEFENDANTS INVOCATION OF QUALIFIED IMMUNITY AGAINST PLAINTIFFS FEDERAL CLAIMS; ALL AMENDMENTS MUST TAKE INTO ACCOUNT THE STRICTURES OF RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE.. Signed by Judge Walter H Rice on 9/24/2013. (jdf1)