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Saturday, February 12, 2011

Ind. Decisions - 7th Circuit decides one Indiana case yesterday

In Mouhamadou M. Sow v. Fortville Fire Dept. (SD Ind., Young), a 21-page opinion, Judge McCuskey (Central District of Illinois, sitting by designation) writes:

Plaintiff-Appellant, Mouhamadou M. Sow, was arrested for forgery based upon information that he tried to cash a fake money order. Plaintiff was later able to produce a receipt for the money order and the charge against him was dismissed.

On July 24, 2008, he filed a Complaint in the Southern District of Indiana. Plaintiff named as Defendants: the United States of America, U.S. Postal Employees Lynnette Hertzer and Brenda Rains, Fortville Police Department, McCordsville Police Department, and Officer Michael Fuller of the Fortville Police Department in his individual and official capacities. Plaintiff’s action was brought under 42 U.S.C. §§ 1983, 1985, and 1986. Plaintiff also alleged numerous state law claims, asserting that the district court had supplemental jurisdiction over those claims.

On December 17, 2008, the district court dismissed the U.S.A., Hertzer and Rains from the lawsuit. On April 13, 2010, the district court entered two orders and granted summary judgment in favor of the three remaining Defendants— the Fortville Police Department, Fuller, and the McCordsville Police Department. Plaintiff has appealed from the final orders of the district court which entered summary judgment. We affirm.

Posted by Marcia Oddi on February 12, 2011 01:53 PM
Posted to Ind. (7th Cir.) Decisions