CHAPOLINI v. CAPODANNO et al
| VINCENT AIENNE CHAPOLINI |
| ANTHONY CAPODANNO, THOMAS JOHNSON, KEVIN DONOHUE and UPPER DARBY POLICE DEPARTMENT |
| 2:2018cv02629 |
| June 21, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Delaware |
| EDWARD G. SMITH |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
93
ORDERED AS FOLLOWS: 1. THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 80) IS GRANTED. SUMMARY JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANTS AND AGAINST THE PLAINTIFF ON ALL COUNTS IN THE THIRD AMENDED COMPLAINT (DOC. NO. 63); 2. THE CLERK OF COURT SHALL REMOVE THIS CASE FROM CIVIL SUSPENSE AND RETURN IT TO THE UNDERSIGNEDS ACTIVE DOCKET; AND 3. THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/20/2021. 9/20/2021 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(sg, )
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Filing
35
ORDER THAT THE MOTION TO DISMISS (DOC. NO. 27 ) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE MOTION IS GRANTED TO THE EXTENT IT SEEKS DISMISSAL OF (1) THE FAILURE TO SUPERVISE CLAIM AGAINST GLENN GAMBER (GAMBER) RELATING THE ALLEGED FAIL URE TO PROVIDE MIRANDA WARNINGS; ETC. AS HEREIN. B. THE MOTION IS GRANTED TO THE EXTENT IT SEEKS TO HAVE THE COURT STRIKE THE PLAINTIFFS REQUEST FOR DECLARATORY RELIEF AND THIS REQUEST FOR RELIEF IS STRICKEN FROM THE AMENDED COMPLAINT; AND C. IN ALL OTHER RESPECTS, THE MOTION IS DENIED; ETC. AS HEREIN. PURSUANT TO 28 U.S.C. § 1915(E)(2)(B)(II), THE PLAINTIFFS CLAIMS AGAINST THE DEFENDANTS IN THEIR OFFICIAL CAPACITY AND THE PLAINTIFFS EXCESSIVE FORCE CLAIM AGAINST JAMES FLORES ARE DISMISSED WITHOUT PREJUDICE; THE PLAINTIFFS REQUEST FOR APPOINTMENT OF AN ATTORNEY (DOC. NO. 13) IS DENIED WITHOUT PREJUDICE; THE PLAINTIFF SHALL HAVE THIRTY (30) DAYS FROM THE DATE OF THIS ORDER TO FILE A SECOND AMENDED COMPLAINT; ETC. AS HEREIN. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/5/19. 9/6/19 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mas, )
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