Reed et al v. District of Columbia Government et al

District of Columbia, dcd-1:2003-cv-01085

ORDER granting in part and denying in part {{40}} Defendants' Motion for Partial Summary Judgment. Signed by Judge Rosemary M. Collyer on 2/23/07.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA) JUANITA REED, et al.,)) Plaintiffs,)) v.) Civil Action No. 03-1085 (RMC)) DISTRICT OF COLUMBIA, et al.,)) Defendants.)) ORDER For the reasons stated in the Memorandum Opinion filed simultaneously with this Order, it is hereby ORDERED that Defendants' motion for partial summary judgment [Dkt. #40] is GRANTED in part and DENIED in part; and it is FURTHER ORDERED that the following claims set forth in the Amended Complaint are DISMISSED: the Fifth and Fourteenth Amendment claims (set forth as part of Count I); the claim regarding an unconstitutional custom, practice, or policy related to the use of force (Count II); the claim regarding the failure to properly hire, train, and supervise (Count VII). The claims remaining are (1) a section 1983 claim against Officer Fitch, alleging excessive use of force in violation of the Fourth Amendment (Count I); (2) negligence (Count V); (3) assault and battery (Count VI); and (4) negligent infliction of emotional distress (Count VIII). SO ORDERED. Date: February 23, 2007 __________/s/______________________________ ROSEMARY M. COLLYER United States District Judge