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COOPER v. MONTGOMERY COUNTY

Case No. 3:13-cv-272.

DAVID O. COOPER, Plaintiff, v. MONTGOMERY COUNTY, OHIO, et al., Defendants.

United States District Court, S.D. Ohio, Western Division, Dayton.

July 7, 2016.

Attorney(s) appearing for the Case

David O Cooper, Plaintiff, represented by John J. Helbling , The Helbling Law Firm, L.L.C..

Montgomery County, Ohio Sheriff's Department, Defendant, represented by Liza Jean Brackman , Montgomery County Prosecutor's Office & Todd Matthew Ahearn , Montgomery County Prosecutor's Office.

Lieutenant Montgomery County, Ohio Sheriff's Department, Defendant, represented by Liza Jean Brackman , Montgomery County Prosecutor's Office, Todd Matthew Ahearn , Montgomery County Prosecutor's Office & Anne Jagielski , Montgomery County Prosecutor's Office.

Montgomery County, Ohio Sheriff's Department, Defendant, represented by Liza Jean Brackman , Montgomery County Prosecutor's Office & Todd Matthew Ahearn , Montgomery County Prosecutor's Office.

Major Daryl Wilson, Defendant, represented by Liza Jean Brackman , Montgomery County Prosecutor's Office, Todd Matthew Ahearn , Montgomery County Prosecutor's Office & Anne Jagielski , Montgomery County Prosecutor's Office.

Montgomery County Ohio, Defendant, represented by Todd Matthew Ahearn , Montgomery County Prosecutor's Office & Anne Jagielski , Montgomery County Prosecutor's Office.

Chuck Crosby, Defendant, represented by Todd Matthew Ahearn , Montgomery County Prosecutor's Office & Anne Jagielski , Montgomery County Prosecutor's Office.

SGT Curtis M Laravie, Defendant, represented by Todd Matthew Ahearn , Montgomery County Prosecutor's Office & Anne Jagielski , Montgomery County Prosecutor's Office.

Officer Stacey R Frisk, Defendant, represented by Todd Matthew Ahearn , Montgomery County Prosecutor's Office & Anne Jagielski , Montgomery County Prosecutor's Office.

Officer Thomas Connor, Defendant, represented by Todd Matthew Ahearn , Montgomery County Prosecutor's Office & Anne Jagielski , Montgomery County Prosecutor's Office.

SGT Jay Vitali, Defendant, represented by Todd Matthew Ahearn , Montgomery County Prosecutor's Office & Anne Jagielski , Montgomery County Prosecutor's Office.

REPORT AND RECOMMENDATION1 THAT: (1) DEFENDANTS' MOTION TO DISMISS BE DENIED WITH REGARD TO DEFENDANT MONTGOMERY COUNTY AND GRANTED WITH REGARD TO DEFENDANTS LARAVIE, FRISK, CONNOR AND VITALI; AND (2) THAT THE SECOND AMENDED COMPLAINT BE DISMISSED AGAINST DEFENDANTS LARAVIE, FRISK, CONNOR AND VITALI WITH PREJUDICE

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