DIER v. CITY OF PRESTONSBURG, KENTUCKY (E.D.Ky. 3-30-2007)

GREGORY TATENHOVE, District Judge

In accordance with the Order entered contemporaneously with this judgment, and pursuant to Federal Rules of Civil Procedure 56 and 58, the Court hereby ORDERS AND ADJUDGES that:

1. Judgment is hereby entered in favor of the Defendants, City of Prestonsburg, Kentucky, Officer Gerald Clark, and Officer John Dale;

2. The Complaint is hereby DISMISSED with prejudice;

3. The Court finds that the Plaintiff's Complaint contains no causes of action that are dependant upon federal constitutional or federal statutory law for recovery; that remaining causes of action not specifically pleaded or construed herein are based entirely in state law and therefore dismissed without prejudice; and that all claims plead in this matter that might be brought pursuant to 42 U.S.C. § 1983 are ADJUDGED in favor of the Defendants;

4. There being no just reason for delay, this is a FINAL and APPEALABLE Judgment.