Beckway

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS FOR JUDGMENT ON THE PLEADINGS; GRANTING DEFENDANT DESHONG’S MOTION FOR LEAVE TO AMEND ANSWER

This matter came before the Court on April 26, 2010, on Defendants’ motions for judgment on the pleadings. For the reasons set forth below, Defendants’ motions are GRANTED IN PART and DENIED IN PART. The Court also GRANTS Defendant DeShong’s motion for leave to amend his answer.

BACKGROUND

This lawsuit arises out of the October 27, 2006 arrest of Plaintiff Brent Beckway (“Beckway” or “Plaintiff’) by defendants Richard Ward (“Ward”) and Paul DeShong (“DeShong”), deputies with the Lake County Sheriffs Department. Beckway contends that the officers seriously injured his left knee through excessive force and arrested him without probable cause. A state court judge found probable cause to hold Beckway over for trial at a preliminary hearing on May 18, 2009, and Beck-way pleaded nolo contendere to a charge of resisting arrest on October 27, 2009. At issue on these motions is whether Beck-way’s claims under 42 U.S.C. § 1983 are barred by determinations made in the criminal proceeding, based on the Supreme Court’s decision in Heck…