MEIDINGER v. CITY OF RAPID

No. CIV. 12-5064-JLV.

RANDALL J. MEIDINGER, Plaintiff, v. CITY OF RAPID CITY; and PETER RAGNONE; STEVE ALLENDER; JOHN LEAHY, and SAM KOOIKER, in their individual capacities. Defendants.

United States District Court, D. South Dakota, Western Division.

April 23, 2014.


Attorney(s) appearing for the Case

Randall J. Meidinger, Plaintiff, represented by Angela M. Colbath , Gregory John Sperlich , DeMersseman Jensen Tellinghuisen & Huffman & Paul R. Winter , Skinner & Winter, Prof. LLC.

City of Rapid City, Defendant, represented by John K. Nooney , Nooney Solay & Van Norman, LLP.

Peter Ragnone, Defendant, represented by John K. Nooney , Nooney Solay & Van Norman, LLP.

Steve Allender, Defendant, represented by John K. Nooney , Nooney Solay & Van Norman, LLP.

John Leahy, Defendant, represented by John K. Nooney , Nooney Solay & Van Norman, LLP.

Sam Kooiker, in his individual capacity, Defendant, represented by John K. Nooney , Nooney Solay & Van Norman, LLP.


REPORT AND RECOMMENDATION RE: SUMMARY JUDGMENT MOTION (DOC. 38) AND MOTION TO DISMISS (DOC. 44)

JOHN SIMKO, Magistrate Judge.

Pending are defendants' joint motion for summary judgment (Doc. 38), Kooiker's motion for leave to file an amended answer (Doc. 42), and Kooiker's motion to dismiss for failure to state a claim (Doc. 44).

I.

PLEADINGS FILED BY THE PARTIES

In support of the motion for summary judgment...

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