Opinion
Civil No. 4:06CV00816.
January 8, 2008
ORDER
Now before this Court is the Joint Motion for Partial Dismissal (Doc. 12) filed by the parties. The parties request that all official capacity claims against Defendant be dismissed, as well as Plaintiff's state law claims of assault, battery and negligence and Eighth Amendment cruel and unusual punishment claim. The Court finds the motion should be GRANTED, and these claims are DISMISSED WITH PREJUDICE. This matter remains set for jury trial on March 4, 2008.
IT IS SO ORDERED.