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Caldwell v. Berrie

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION


October 21, 2009

RANDY CALDWELL SR., R.C., A MINOR, AND OLIVIA BLANCHETTE, INDIVIDUALLY AND AS GUARDIANS OF A MINOR, PLAINTIFFS,
v.
BOURBONNAIS POLICE OFFICERS B. BERRIE (STAR #003), SGT. ANDERSON, AND THE VILLAGE OF BOURBONNAIS, DEFENDANTS.

The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge

ORDER

A Report and Recommendation (#14) was filed by Magistrate Judge David G. Bernthal in the above cause on September 29, 2009. On October 16, 2009, Defendants filed their Objection to Report and Recommendation (#15). Following this court's careful de novo review of the Magistrate Judge's reasoning and Defendants' Objection, this court agrees with and accepts the Magistrate Judge's Report and Recommendation (#14). This court agrees that Defendant's Motion to Dismiss (#9) should be DENIED.

IT IS THEREFORE ORDERED THAT:

(1) The Report and Recommendation (#14) is accepted by this court.

(2) Defendant's Motion to Dismiss (#9) is DENIED.

(3) This case is referred to the Magistrate Judge for further proceedings.

ENTERED this 21st day of October, 2009

20091021

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