Walker

ORDER RE: (1) PLAINTIFFS’ MOTION FOR LEAVE TO AMEND; (2) DEFENDANT TRASK’S MOTION FOR SUMMARY JUDGMENT; (3) STATE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AGAINST PETER WALKER; (4) STATE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AGAINST LUCIA WALKER

Before the Court are four motions: (1) plaintiffs Peter Walker and Lucia Walker’s motion for leave to amend the complaint; (2) defendant Grover Trask’s (“Trask”) motion for summary judgment; (3) defendants B.L. Benter, Douglas L. Earnest, and Andrew Van Veen’s (the “State defendants”) motion for summary judgment against plaintiff Peter Walker; and (4) the State defendants’ motion for summary judgment against plaintiff Lucia Walker.

I. PROCEDURAL BACKGROUND

Dr. Peter Walker (“Dr.Walker”) and his spouse, Lucia Walker (“Mrs.Walker”), filed an action for use of excessive force, assault and battery, unlawful search, false arrest, malicious prosecution, “vindictive prosecution,” taking of property without due process of law, negligence, and gross negligence. On May 19, 1997, Judge William Keller granted the defendants’ motion to dismiss plaintiffs claims for relief in part. The remaining claims for relief are: (1) a claim of excessive force…