Free Order on Motion to Dismiss - District Court of Delaware - Delaware


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Date: June 24, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-01346-JJF Document 64 Filed 06/24/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CASSANDRA ARNOLD, :
Plaintiff, :
v. : Civil Action No. 04-1346-JJF
RUTH ANN MINNER, STANLEY :
TAYLOR, PAUL HOWARD, THOMAS :
CARROLL, LAWRENCE MCGUIGAN, :
CLYDE SAGERS, DAVID E. PIERCE,:
Jr., JOHN SALAS, STEVEN BOONE,:
BRANDON RICHARDSON, WILLIAM :
FAUST, LACHELLE GREEN, RONALD :
HOSTERMAN, CERTAIN UNKNOWN :
INDIVIDUAL EMPLOYEES OF THE :
DEPARTMENT OF CORRECTION, and :
STATE OF DELAWARE DEPARTMENT :
OF CORRECTION, :
Defendants. :
O R D E R
At Wilmington, this éyi day of June 2005, for the reasons
set forth in the Opinion issued this date;
IT IS HEREBY ORDERED that:
l. The Motion To Dismiss/Summary Judgment Pursuant To
Rules l2(b)(l), l2(b)(6) and 56(c) (D.I. 45) filed by Defendant,
the State of Delaware Department of Correction (the “DOC") is
GRANTED.
2. The federal claims asserted by Plaintiff against the
DOC are DISMISSED.
3. The Clerk of the Court shall enter a Final Judgment
Order in favor of Defendant DOC and against Plaintiff on her

Case 1:04-cv-01346-JJF Document 64 Filed 06/24/2005 Page 2 of 2
state law claims.
4. The Motion To Dismiss filed by the Individual
Defendants (collectively, “Defendants”) (D.I. 41) is GRANTED as
it pertains to the state law claims alleged in Count III and IV
of Plaintiff’s Complaint and DENIED as it pertains to the federal
claims based on 42 U.S.C. § 1983 alleged in Count I and II of
Plaintiff’s Complaint.
UITEI §§D S A DISTRICT