Estate of Holmes v. Somers

JOHN W. BROOMES, UNITED STATES DISTRICT JUDGE

This case comes before the court on Defendants' motions to dismiss (Docs. 33, *124338, 51, 53, 61). The motion has been fully briefed and is ripe for decision. (Docs. 34, 39, 52, 54, 60, 62, 65, 67, 68, 73, 74, 82, 83, 86.) Defendants' motions are GRANTED IN PART AND DENIED IN PART for the reasons stated herein.

I. Materials Outside the Pleadings

This action arises from the shooting of Matthew Holmes by McPherson County Sheriff's Deputy Chris Somers on August 28, 2017. Before setting forth the facts applicable to the pending motions, the court must…