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Wednesday, October 29, 2014

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

In Marshall Welton v. Shani Anderson (SD Ind., Magnus-Stinson), a 10-page opinion, Judge Bauer writes:

Marshall Welton (“Welton”) sued police officer Shani Anderson, the National Bank of Indianapolis, and George Keely (collectively the “Appellees”) under 42 U.S.C. § 1983, claiming that they engaged in a malicious prosecution against him in violation of the Fourth and Fourteenth Amendments and Indiana state law. Appellees moved to dismiss Welton’s federal claims pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court granted Appellees’motion and, after declining to exercise supplemental jurisdiction over Welton’s remaining state law claims, dismissed the suit. Welton challenges this ruling on appeal, asserting his claims were improperly dismissed. For the reasons that follow, we affirm the district court’s dismissal.

Dismissal was appropriate because Welton never presented a viable constitutional violation in support of his § 1983 malicious prosecution claim. Therefore, the district court’s grant of the defendants’ motions to dismiss is AFFIRMED.

Posted by Marcia Oddi on October 29, 2014 11:04 AM
Posted to Ind. (7th Cir.) Decisions