Messer v. Doe et al, No. 4:2006cv00022 - Document 59 (N.D. Ind. 2008)

Court Description: MEMORANDUM AND OPINION, Motions terminated: 50 RULE 56 MOTION to Strike Inadmissible Hearsay filed by Chad Larsh, Indiana State Police, Kevin Meyrose is DENIED. 47 RULE 12(f) MOTION to Strike FACTUAL EVIDENCE CITED BY DEFENDANT IN SUPP ORT OF ITS MOTION FOR SUMMARY JUDGMENT filed by Michelle Messer is GRANTED IN PART AND DENIED IN PART. 38 MOTION for Summary Judgment filed by Chad Larsh, Indiana State Police, Kevin Meyrose is GRANTED. The Court Directs the Clerk to enter ju dgment in favor of Defendants Indiana State Police, Chad Larsh, and Kevin Meyrose and against Plaintiff Ms. Messer, as administratrix of the estate of Wilmer Messer, on the federal claims asserted in the Amended Complaint. Each party should bear its own costs. The remaining purely state law claims made by Plaintiff shall be REMANDED to Jasper Circuit Court in Renssalaer, Indiana. (Copy of the order & clerk's judgment was mailed to the Jasper Circuit Court on 11/13/08) Signed by Judge Allen Sharp on 11/12/08. (csi) Modified on 11/13/2008 (csi). added text