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Nunley v. Erdmann

United States District Court, N.D. Iowa, Western Division

December 24, 2014

BRANDONLYN NUNLEY, Plaintiff,
v.
OFFICER NICHOLAS J. ERDMANN, et al., Defendants.

ORDER

LEONARD T. STRAND, Magistrate Judge.

I. INTRODUCTION

This case is before me on a motion (Doc. No. 28) by plaintiff Brandonlyn Nunley for leave to file amended complaint. The proposed amended complaint (Doc. No. 28-2) is attached to the motion. Defendants Nicholas Erdmann (Erdmann) and the Iowa State Patrol have filed a resistance (Doc. No. 29). Nunley did not file a reply. The motion is fully submitted and ready for decision.

II. RELEVANT BACKGROUND

On April 24, 2014, Nunley filed a pro se complaint (Doc. No. 4) against Erdmann, the Iowa Highway Patrol[1] and John and Jane Does 1-10 that asserted the following claims pursuant to 42 U.S.C. ยง 1983:

Count 1[2] Violation of Plaintiff's Fourth Amendment Rights
Count 2 Violation of Plaintiff's Fourth Amendment Rights
Count 3 Violation of Plaintiff's Fourth Amendment Rights-Excessive Force
Count 4 Violation of Plaintiff's Due Process Rights
Count 5 Violation of Right to Family Integrity
Count 6 Supervisory Liability-Policy of Unconstitutional Acts (against all Iowa Highway Patrol supervisors involved in present case)
Count 7 Supervisory Liability-Failure to Train (against all Iowa Highway Patrol supervisors involved in present case)

Doc. No. 4. The complaint also included the following state law tort claims:

Count 8 Battery (against all defendants)
Count 9 Malicious Prosecution (against Erdmann)
Count 10 False Arrest (against Erdmann)
Count 11 Abuse of Process (against all "police defendants")
Count 12 Intentional/Negligent Infliction of Mental Distress ...

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