Case: Kraushaar v. Flanigan

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT (summons(es) issued) case referred to Magistrate Robert J. Kauffman. Mag form given. (VB, ilcd) (Entered: 12/13/1989)

RETURN OF SERVICE executed upon defendant Tazewell County on 12/19/89 (Notice and Acknowledgment of Receipt of Summons and Complaint-Duane A Gray) (VB, ilcd) (Entered: 12/27/1989)

RETURN OF SERVICE unexecuted - attempted as to defendant Earl K Flanigan (VB, ilcd) (Entered: 01/31/1990)

SUMMONS ALIAS issued as to defendant Earl K Flanigan and returned to plaintiff's attorney (VB, ilcd) (Entered: 01/31/1990)

AFFIRMATIVE DEFENSES filed by defendant Earl K Flanigan (VB, ilcd) (Entered: 02/20/1990)

NOTICE by defendant Earl K Flanigan of taking deposition of Terril A Kraushaar on 3/26/90 @ 1:30 p.m. (VB, ilcd) (Entered: 02/20/1990)

AFFIRMATIVE DEFENSES filed by defendant Tazewell County (VB, ilcd) (Entered: 03/15/1990)

RESPONSE by plaintiff Terril A Kraushaar to Affirmative Defenses [7-1] (VB, ilcd) (Entered: 03/15/1990)

RESPONSE by plaintiff Terril A Kraushaar Affirmative Defenses [5-1] (VB, ilcd) (Entered: 03/15/1990)

CERTIFICATE by plaintiff Terril A Kraushaar of Service re: Response to Affirmative Defenses of Flanigan and Tazewell County (VB, ilcd) (Entered: 03/15/1990)

MINUTE-ENTRY: by Magistrate Robert J. Kauffman ;Status /R.l6 hearing set 10:15 5/10/90 via phone, crt. to call (cc: all counsel) (HK, ilcd)

CERTIFICATE of Service by plaintiff Terril A Kraushaar re: Interrogatories and Requests To Produce, fld. (ML, ilcd) (Entered: 04/10/1990)

CERTIFICATE by plaintiff Terril A Kraushaar re Answers to Interrogatories (HK, ilcd) (Entered: 04/13/1990)

MINUTE-ENTRY: by Magistrate Robert J. Kauffman Parties pres. by E.Durree/W.Conroy/S.Umholtz for status conference. Same held. Status of "unknown jailer" discussed as well as progress of discovery. Further Status hearing set 9:00 7/27/90 (via phone - Crt to call) (SH, ilcd)

MINUTE-ENTRY: by Magistrate Robert J. Kauffman. Parties pres by Attys Ryan/Emery/Umholtz via phone for tele conf call. Same held with discussion re: discovery completion and dispositive motions. ;Case set for further status hearing re: discovery completion, dispositive motions and Final Pre-trial via phone Crt to call 10:00 10/26/90 (VB, ilcd)

SCHEDULING ORDER filed & entered. (cc: all counsel) (VB, ilcd) (Entered: 10/26/1990)

MINUTE-ENTRY: by Magistrate Robert J. Kauffman ; Status hearing held w/Attys Ryan/Conroy/Umholtz 10:00 10/26/90, ; Discovery to be completed by 2/28/91, ; misc ddl for plaintiff to file amended complaint is 11/9/90 ; Mtn filing ddl for dispositive motions 3/29/91 (VB, ilcd)

AMENDED COMPLAINT by plaintiff Terril A Kraushaar; jury demand [1-1] party Unk Tazewell County; adding Fred Winterroth, Robin Davis w/certificate of service (VB, ilcd) (Entered: 11/09/1990)

SUMMONS issued as to defendants Davis/Winterroth and returned to plaintiff's attorney (VB, ilcd) (Entered: 11/09/1990)

MOTION by defendant Earl K Flanigan to amend answer and affirmative defenses (FILED AS MOTION FOR LEAVE TO AMEND ANSWER AND AFFIRMATIVE DEFENSES) MOTION RECEIVED FROM SPRINGFIELD DIVISION 11/19/90. w/certificate of service (VB, ilcd) (Entered: 11/21/1990)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Fred Winterroth on 11/20/90 (VB, ilcd) (Entered: 11/21/1990)

AFFIRMATIVE DEFENSES filed by defendant Earl K Flanigan (VB, ilcd) (Entered: 12/04/1990)

ENDORSED ORDER on its face by Magistrate Robert J. Kauffman granting motion to amend answer and affirmative defenses (FILED AS MOTION FOR LEAVE TO AMEND ANSWER AND AFFIRMATIVE DEFENSES) MOTION RECEIVED FROM SPRINGFIELD DIVISION 11/19/90. [16-1] (cc: all counsel). (VB, ilcd)

AFFIRMATIVE DEFENSES filed by defendant Tazewell County, defendant Robin Davis w/certificate of service (VB, ilcd) (Entered: 12/18/1990)

RESPONSE by plaintiff Terril A Kraushaar to affirmative defenses to Counts VI and IX [19-1] (VB, ilcd) (Entered: 12/20/1990)

ANSWER TO AMENDED COMPLAINT by defendant Earl K Flanigan, defendant Fred Winterroth w/notice of filing and certificate of service (VB, ilcd) (Entered: 02/22/1991)

RESPONSE TO AFFIRMATIVE DEFENSES OF DEFENDANTS FLANIGAN AND WINTERROTH by plaintiff Terril A Kraushaar [18-1], [5-1] (FILED AS ANSWER TO AFFIRMATIVE DEFENSES OF DEFENDANTS FLANIGAN AND WINTERROTH) w/certificate of service (VB, ilcd) (Entered: 02/27/1991)

MINUTE-ENTRY: by Magistrate Judge Robert J. Kauffman. ; Status hearing set at 10:00 3/14/91 via phone. Court to call. (cc: all counsel) (VB, ilcd)

MINUTE-ENTRY: by Magistrate Judge Robert J. Kauffman ; Status hearing previously set at 10:00 3/14/91 is cancelled & reset at 9:00 3/25/91 via phone. Court to set up call. (cc: all counsel) (VB, ilcd)

MINUTE-ENTRY: by Magistrate Judge Robert J. Kauffman ; Status hearing held w/Attys Ryan/Barlow/Umholtz at 9:00 3/25/91 for tele conf call. Atty Barlow is to enter her appearance for defendants Flanigan and Wininterroth. Attys Conroy and Watson are no longer at A G office. Parties discuss discovery. Discovery is to close by 7/31/91, ; Mtn filing ddl for motions for summary judgment is 8/30/91. Final Pre-trial to be set after decision on summary judgment, if appropriate. (cc: all counsel) (VB, ilcd)

ATTORNEY APPEARANCE by Atty Carol Barlow for defendant Earl K Flanigan, defendant Fred Winterroth w/certificate of service (VB, ilcd) (Entered: 04/01/1991)

NOTICE by plaintiff Terril A Kraushaar of taking deposition of Officers Terry Winson at 9:00 am and David Rebman at 9:30 am and John Meuser at 10:00 am and Ronnie Ales at 11:00 am and Bob Kindred at 11:30 am on Tuesday, June 25, 1991 (VB, ilcd) (Entered: 06/04/1991)

Revised NOTICE by plaintiff Terril A Kraushaar of taking deposition of Officers Terry Winson, David Rebman, John Meuser, Dan Law and Ronnie Ales on 6/25/91 (SH, ilcd) (Entered: 06/07/1991)

MOTION by defendant Tazewell County, defendant Robin Davis for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment (SH, ilcd) (Entered: 08/30/1991)

MEMORANDUM IN SUPPORT of motion for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment [26-1] by defendant Tazewell County, defendant Robin Davis w/attachments & Certificate of Service (SH, ilcd) (Entered: 08/30/1991)

MOTION by defendant Earl K Flanigan, defendant Fred Winterroth to extend time to file motion for summary judgment to and including September 15, 1991 w/certificate of service (VB, ilcd) Modified on 09/05/1991 (Entered: 09/05/1991)

MOTION by plaintiff Terril A Kraushaar to extend time to respond to summary judgment (contained in Response to motion to extend time [29-1]) (SH, ilcd) (Entered: 09/19/1991)

RESPONSE by defendant Tazewell County, defendant Robin Davis to motion to extend time to respond to summary judgment [29-1] (filed as Response to Response to Motion for Enlargement of Time) (SH, ilcd) (Entered: 09/19/1991)

ORDER by Judge Michael M. Mihm granting motion to extend time to file motion for summary judgment to and including September 15, 1991 [28-1] ; Dft Flanigan/Winterroth Mtn filing ddl extended to 9/15/91 ; Pla's response to all motions for summary judgment judgment [26-1] due by 9/30/91 (cc: all counsel) (SH, ilcd) Modified on 09/19/1991 (Entered: 09/06/1991)

MOTION by defendant Earl K Flanigan, defendant Fred Winterroth for leave to amend affirmative defenses (filed as Agreed Motion for Leave to Amend Affirmative Defenses) (SH, ilcd) (Entered: 09/17/1991)

MOTION by defendant Earl K Flanigan, defendant Fred Winterroth to extend time to file motion for summary judgment (SH, ilcd) Modified on 09/19/1991 (Entered: 09/19/1991)

RESPONSE by plaintiff Terril A Kraushaar to motion to extend time to file motion for summary judgment [33-1] (SH, ilcd) (Entered: 09/19/1991)

MINUTE-ENTRY: by Judge Michael M. Mihm granting motion to extend time to file motion for summary judgment [33-1]. Motion filing deadline is extended to 9/26/91 . Response will be due within 14 days subsequent to filing of Defendants' dispositive motion, or 10/10/91. (cc: all counsel) (ML, ilcd)

MINUTE-ENTRY: by Judge Michael M. Mihm granting motion for leave to amend affirmative defenses [32-1]. Defendants' First Affirmative Defense is dropped. (cc: all counsel) (ML, ilcd)

MOTION by defendant Earl K Flanigan, defendant Fred Winterroth to extend time (to file motion for summary judgment) (Filed as Agreed Motion for Enlargement of Time) (SH, ilcd) (Entered: 09/30/1991)

RESPONSE by plaintiff Terril A Kraushaar to motion for summary judgment [26-1] (filed as Response and Memorandum to motion for summary judgment filed by Robin Davis and Tazewell County) (SH, ilcd) (Entered: 10/01/1991)

MINUTE-ENTRY: by Judge Michael M. Mihm granting motion to extend time (to file motion for summary judgment) [35-1] ; Mtn filing ddl extended to 10/25/91 (cc: all counsel) (SH, ilcd)

MOTION by defendant Earl K Flanigan, defendant Fred Winterroth to extend time (to file motion for summary judgment) (SH, ilcd) (Entered: 10/30/1991)

MINUTE-ENTRY: by Judge Michael M. Mihm granting motion to extend time (to file motion for summary judgment) [37-1] ; Mtn filing ddl extended to 11/25/91 (cc: all counsel) (SH, ilcd)

MOTION by defendant Earl K Flanigan, defendant Fred Winterroth for summary judgment (SH, ilcd) (Entered: 11/27/1991)

MEMORANDUM IN SUPPORT of motion for summary judgment [38-1] by defendant Earl K Flanigan, defendant Fred Winterroth (SH, ilcd) (Entered: 11/27/1991)

RESPONSE by plaintiff Terril A Kraushaar to motion for summary judgment [38-1] (filed as response and memorandum to motion for summary judgment filed by Earl Flanigan and Fred Winterroth) (SH, ilcd) (Entered: 12/17/1991)

MINUTE-ENTRY: by Chief Judge Michael M. Mihm Case reassigned to Judge Joe B. McDade (MB, ilcd)

MINUTE-ENTRY: by Judge Joe B. McDade. Court is setting motion for summary judgment [38-1] and setting motion for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment [26-1] for oral arguments at 9:15 2/20/92 in person in Peoria. (cc: all counsel) (VB, ilcd)

ORDER by Judge Joe B. McDade Plaintiff is hereby granted seven (7) days from the date of this order to file its "statement of Genuine Issues" If the plaintiff fails to file the statements within the prescribed period, the Court iwll assume that there are no disputed issues of material fact and will enter judgment accordingly. misc ddl for stmt 2/19/92 (cc: all counsel) (SH, ilcd) (Entered: 02/14/1992)

MINUTE-ENTRY: by Judge Joe B. McDade Motion hearing previously set 2/20/92 is vacate. Motions reset as follows: motion for summary judgment [38-1] hearing set for 11:30 3/24/92, re motion summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment [26-1] hearing set for 11:30 3/24/92 (cc: all counsel) (SH, ilcd)

CERTIFICATE of Service by plaintiff (CL, ilcd) Modified on 02/21/1992 (Entered: 02/21/1992)

MOTION by plaintiff Terril A Kraushaar to supplement case authority for responses to motions for summary judgments filed by both defendants (CL, ilcd) Modified on 03/03/1992 (Entered: 02/21/1992)

SUPPLEMENTAL MEMORANDUM by plaintiff Terril A Kraushaar to motion response [36-1] (filed as Statement of Genuine Issues Regarding Motion for Summary Judgment filed by Tazewell County and Robin Davis) (CL, ilcd) (Entered: 02/21/1992)

SUPPLEMENTAL MEMORANDUM by plaintiff Terril A Kraushaar to motion response [40-1] (filed as Statement of Genuine Issues Regarding Motion for Summary Judgment filed by Earl Flanigan and Fred Winterroth) (CL, ilcd) (Entered: 02/21/1992)

Copy of DEPOSITIONS of Terril Kraushaaar taken on 5/15/91; Trooper Winterroth taken 9/25/90; Trooper Flanigan taken 9/25/90; Robin Davis taken 5/15/90; Derrick Newman taken 5/15/91; and Robert Lickiss taken 8/14/90 filed by Plaintiff with notice of filing (CL, ilcd) (Entered: 02/21/1992)

ORDER by Judge Joe B. McDade granting motion to supplement case authority for responses to motions for summary judgments filed by both defendants [43-1] (cc: all counsel) (SH, ilcd) (Entered: 02/21/1992)

ORDER by Judge Joe B. McDade Pla is hereby ordered to submit legible copies of Exhibit A to its Statement of Genuine Issues, filed 2/20/92. Pla iis granted ten (10) days to comply with this Order ; misc ddl for legible copies 3/2/92 (cc: all counsel) (SH, ilcd) (Entered: 02/21/1992)

NOTICE of filing by plaintiff Terril A Kraushaar (SLJ, ilcd) (Entered: 02/27/1992)

MOTION by defendant Tazewell County, defendant Earl K Flanigan, plaintiff Terril A Kraushaar, defendant Fred Winterroth, defendant Robin Davis for hearing (filed as Joint Motion Requesting a Hearing) (SH, ilcd) (Entered: 03/04/1992)

MINUTE-ENTRY: by Judge Joe B. McDade. Parties present via phone by Attys Ryan/Umholtz/Barlow for hearing on joint motion for hearing (#50). Court is granting joint motion for hearing [50-1]. Parties to submit briefs by 3/20/92. Responses to briefs are due within 14 days (4/3/92). Court is setting motion for summary judgment [38-1] and setting motion for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment and the issue on collateral estopel for motion hearing at 2:00 4/17/92 in person in Peoria. (cc: all counsel) (VB, ilcd) Modified on 03/13/1992

MINUTE-ENTRY: by Judge Joe B. McDade. Court is setting motion for summary judgment [38-1] and setting motion for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment [26-1]/Collateral Estopel for motion hearing at 3:00 4/17/92 in person in Peoria. (cc: all counsel) (VB, ilcd)

BRIEF FILED by plaintiff Terril A Kraushaar regarding motion for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment [26-1] (filed as Memorandum on Issue of Collateral Estoppel/Res Judicata Regarding Probable Cause) (SH, ilcd) (Entered: 03/23/1992)

BRIEF FILED by defendant regarding motion for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment [26-1] (filed as Defendants' Initial Brief on Collateral Estoppel Issue) (SH, ilcd) (Entered: 03/23/1992)

RESPONSE by plaintiff Terril A Kraushaar to brief [52-1] (FILED AS PLAINTIFF'S REPLY TO DEFENDANTS INITIAL BRIEF ON COLLATERAL ESTOPPEL ISSUE) w/certificate of service (VB, ilcd) (Entered: 04/06/1992)

RESPONSE by defendant Tazewell County, defendant Earl K Flanigan, defendant Fred Winterroth, defendant Robin Davis to brief [51-1] (FILED AS DEFENDANTS' REPLY BRIEF ON COLLATERAL ESTOPPEL ISSUE) w/certificate of service (VB, ilcd) (Entered: 04/06/1992)

MINUTE-ENTRY:by Judge Joe B. McDade. Attys. Ryan, Barlow & Umholtz pres. in o/c for Hrg. on Pending Mots. Arguments started & same not concluded & reset to 3:00 p.m. on Wednesday, May 6, 1992-in person. Crt. sets motion for summary judgment [38-1] & sets motion for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment [26-1] (cc: all counsel) (HK, ilcd)

MINUTE-ENTRY: by Judge Joe B. McDade Parties pres. in o/c w/Attys Ryan/Barlow/Umholtz for hrg on motions for summary judgment. Argument by/c. Crt finds collateral estopel does not apply. Court takes under advisement on 5/6/92 motion for summary judgment [38-1], takes under advisement on 5/6/92 motion for summary judgment w/Affidavit of Robin Davis in support of motion summary judgment [26-1] (cc: all counsel) (SH, ilcd)

ORDER by Judge Joe B. McDade granting motion for summary judgment by defendants Flanigan and Winterroth [38-1] with respect to Counts I, III, and XI; the determination with respect to Counts II, IV, and V will await further briefing by the parties as ordered herein. Court is granting motion for summary judgment w/Affidavit of Robin Davis in support of motion for summary judgment by Tazewell County and Davis [26-1]; to dismiss party Robin Davis, party Tazewell County. Parties are to file briefs by 7/10/92. (cc: all counsel) (VB, ilcd) (Entered: 06/19/1992)

MOTION by defendant Earl K Flanigan, defendant Fred Winterroth to extend time to file supplemental briefs (FAX COPY) (VB, ilcd) (Entered: 07/13/1992)

MINUTE-ENTRY: by Judge Joe B. McDade granting motion to extend time to file supplemental briefs [56-1]. Both parties are directed to file their briefs on or before 7/31/92. (cc: all counsel) (VB, ilcd)

MOTION by defendant Earl K Flanigan, defendant Fred Winterroth to extend time to file supplemental brief to and including 7/20/92, fld. w/proposed order attached. (ML, ilcd) (Entered: 07/14/1992)

Supplemental BRIEF FILED by plaintiff Terril A Kraushaar (SH, ilcd) (Entered: 08/03/1992)

BRIEF FILED by defendant Unk Tazewell County, defendant Fred Winterroth (filed as Defendants' Supplemental Brief) (SH, ilcd) (Entered: 08/05/1992)

MINUTE-ENTRY: by Judge Joe B. McDade setting motion for summary judgment [38-1] (Cts. 2, 4 & 5) at 3:00 Wed., 8/19/92 (Attys to appear in person in Peoria)(Parties notified by phone by Court on 8/12/92) (cc: all counsel) (SH, ilcd)

MINUTE-ENTRY: by Judge Joe B. McDade Parties pres. in o/c by Attys Wright/Barlow for hrg on motion for summary judgment [38-1]. Argument by/c. Morion denied as to Cts. 2,4,5. Pla to provide the Court with a written order. Case referred to Mag. Judge Robert J. Kauffman ; Final Pretrial conference set 11:00 Monday, 9/28/92 before Judge Kauffman (in Peoria in person) (cc: all counsel) (SH, ilcd)

ORDER by Judge Joe B. McDade denying motion for summary judgment [38-1] as to Counts 2, 4 & 5 ; Pretrial conference set 11:00 Monday, 9/28/92 (in person in Peoria) before Magistrate Kauffman (cc: all counsel) (SH, ilcd) (Entered: 08/21/1992)

MOTION by plaintiff Terril A Kraushaar for leave to file interlocutory appeal (SH, ilcd) (Entered: 09/08/1992)

MINUTE-ENTRY: by Judge Joe B. McDade setting motion for leave to file interlocutory appeal [61-1] at 4:00 9/16/92 (via phone - crt to call) (cc: all counsel) (SH, ilcd)

MINUTE-ENTRY: by Judge Joe B. McDade. Parties present via phone by Attys Ryan/Barlow re: motion for leve to file interlocutory appeal (#61). Argument by counsel. Same not held. Atty Umholtz is needed for this motion hearing. Court is resetting motion for leave to file interlocutory appeal [61-1] for motion hearing at 4:30 Thursday, 9/17/92 via phone. Court to call. (cc: all counsel) (VB, ilcd)

MINUTE-ENTRY: by Judge Joe B. McDade Parties pres. via phone by Attys Ryan/Barlow/Umholz for hrg on moiton for leave to file interlocutory appeal. Argument by/c. Court denies motion for leave to file interlocutory appeal [61-1] (cc: all counsel) (SH, ilcd)

MOTION by plaintiff Terril A Kraushaar to continue final pre-trial (SH, ilcd) (Entered: 09/22/1992)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman granting motion to continue final pre-trial [62-1] ; Final Pretrial conference previously set at 11:00 Monday 9/28/92 is cancelled and reset at 1:30 Monday, 11/30/92 in person in Peoria before Mag Judge Kauffman. (cc: all counsel) (VB, ilcd)

MOTION by plaintiff Terril A Kraushaar, defendant Fred Winterroth to continue final pretrial conference (SH, ilcd) (Entered: 10/08/1992)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman endorsed order granting motion to continue final pretrial conference [63-1] ; Pretrial conference reset to 2:30 PM Monday, 12/14/92 (in person in Peoria)(cc: all counsel) (SH, ilcd)

MINUTE-ENTRY:by Mag. Judge Robert J. Kauffman. Final Pretrial conference set 12/14/92 is CANCELLED due to Crt's calendar & is reset to 2:30pm on Thurs., 12/17/92 -in person. (cc: all counsel along with Standing Order) (HK, ilcd)

CONSENT/ORDER of reference; this case may proceed before Mag. Judge Robert J. Kauffman with consent of parties (cc: all counsel) (SH, ilcd) (Entered: 12/07/1992)

Agreed MOTION by defendant to continue final pretrial conference (SH, ilcd) (Entered: 12/12/1992)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman granting motion to continue final pretrial conference [65-1]. Pretrial conference previoiusly set 12/17/92 is CANCELLED ; Pretrial conference reset to 2:30 Monday, 2/8/93 (in person in Peoria) (cc: all counsel) (SH, ilcd)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman ; Final Pretrial conference set at 1:30 Friday, 2/12/93 in person in Peoria. (cc: all counsel) (DS, ilcd)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman. Parties present by Attorneys Ryan/Barlow for Final Pretrial conference at 1:30 2/12/93 . Same held. Court sets the following deadlines: Final Pretrial Order due by 4/1/93. Proposed findings of fact also due by 4/1/93. Court sets case for Bench Trial on 5/6/93 and 5/7/93 in Peoria. (cc: all counsel) (ML, ilcd)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman. Parties present in o/c w/c by Plaintiff/Atty Ryan/Defts Flanigan and Winterroth/Atty Barlow for Bench Trial at 9:00 am on Thursday, 5/6/93 . Each side announces readiness. Both parties agree to waive opening statements and stipulate to deposition of Plaintiff's witness, Jailer Davis, in lieu of Jailer Davis' appearance as his whereabouts are unknown. Court has Statement of Uncontested Facts read into the record. Evidence presented on behalf of Plaintiff. Plaintiff rests. Oral motion by Deft. for Judgment On Partial Findings on Counts II and VII and asks that they be dismissed as to Defendant Flanigan - Granted. Counts II and VII are dismissed as to Defendant Flanigan. Time for adjournment. Bench Trial is continued to 9:00 am on 5/7/93 . (ML, ilcd) Modified on 05/07/1993

EXHIBIT LIST for Bench Trial held 5/6/93 and 5/7/93, fld. (ML, ilcd) (Entered: 05/11/1993)

MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman. Parties present in open court with counsel by Attorney Ryan/Plaintiff Kraushaar/Attorney Barlow/Defendants Flanigan/Winterroth for continued Bench Trial at 9:00 5/7/93 . Same held with evidence presented on behalf of Defendants. Defendants rest. Plaintiff presents evidence on rebuttal. Plaintiff rests. Oral motion by Plaintiff that the part of Jailer Davis' deposition involving direct examination by Attorney Umholtz be omitted as the party he represents is no longer a party to this case. Oral argument by counsel. Plaintiff's oral motion is denied. Oral motion by Defendant for Judgment On Partial Findings under 52.C re: probable cause on Counts IV, V & VIII, or in the alternative, for qualified immunity for Trooper Flanigan. Court denies Defendants' oral motion. Closing arguments by counsel. Court is taking case under advisement on 5/7/93. Written findings of fact and conclusions of law to enter, and order for judgment. (ML, ilcd) Modified on 05/11/1993

TRANSCRIPT of bench Trial (Volume I of II) held 5/6/93 filed (SH, ilcd) (Entered: 07/19/1993)