Lanier v. Pitts, No. 3:2013cv00456 - Document 17 (W.D. Ky. 2013)

Court Description: MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 10/21/2013; 11 , 12 Motion to Dismiss is SUSTAINED; plaintiff's claims are DISMISSED WITH PREJUDICE; this is final and appealable order. cc:counsel, plaintiff pro se (TLB)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:13-CV-456-H TERRY L. LANIER PLAINTIFF V. DEXTER PITTS, ET AL DEFENDANTS MEMORANDUM OPINION AND ORDER Plaintiff, Terry L. Lanier, has alleged false arrest and excessive force arising from his actual arrest on April 8, 2012. He filed his lawsuit in federal court on May 12, 2013. Defendants have moved to dismiss on the grounds that the applicable statute of limitations, KRS 413.140(1)(a) bars these claims. Of course, Defendants are quite correct here that the statute does bar the claims. Plaintiff has made no real argument to the contrary. Being otherwise sufficiently advised, IT IS HEREBY ORDERED that Defendants motion is dismiss is SUSTAINED and Plaintiff s claims are DISMISSED WITH PREJUDICE. This is a final and appealable order. October 21, 2013 cc: Terry L. Lanier, Pro Se Counsel of Record

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