Lynn v. O'LEARY

MEMORANDUM

MOTZ, District Judge.

Plaintiff, Dudley D. Lynn, has instituted this action against Defendants, Sergeant Edmund O’Leary, Sergeant Tamieka Lockley, Wayne Cusimano, and Captain Jesse Ballard III, alleging that he was subjected to an unlawful arrest, excessive force, and an illegal cavity search in violation of 42 U.S.C. § 1983. Now pending before me is Defendants’ motion to dismiss the third amended complaint or, in the alternative for summary judgment. For the reasons stated below, the motion will be granted in part and denied in part.

I

On September 28, 2000, Dudley Lynn and his wife…