OVERTON v. HICKS

DAVID HAMILTON, District Judge

The court has reviewed the Indianapolis defendants' motion for summary judgment (filed on January 31, 2008, as Docket No. 70) as well as the subsequent response, reply, and surreply. The court GRANTS in part and DENIES in part the motion. Only the following claims survive summary judgment: (1) the federal excessive force claim against Officer Beaton for allegedly tackling Overton and for failing to intervene while a police dog attacked Overton as he was lying handcuffed on the ground; (2) the state law battery claim against the Marion County Sheriff for Officer Beaton's alleged tackling; (3) the federal and state law false arrest claims against Officer Beaton; and (4) the federal malicious prosecution claim against Officer Beaton. Officer Beaton has asserted qualified immunity only for the malicious prosecution claim and is not entitled to immunity for that claim. A more detailed entry setting forth the court's reasons will follow.

So ordered.