Salerno v. Cunningham et al
| Gary Salerno |
| Chad L. Cunningham and John Bogarowski |
| 3:2011cv00450 |
| March 10, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Wayne |
| John E. Jones |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
31
ORDER 1. Defendant's Motion for Summary Judgment (Doc. 18) is GRANTED IN PART AND DENIED IN PART. a. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT BOGAROWSKI AND AGAINST PLAINTIFF because Defendant Bogarowski did not initiate criminal proceedings ag ainst Plaintiff. b. Summary judgment is DENIED to Defendant Cunningham because there are genuine issues of material fact as to whether Defendant Cunningham had probable cause to arrest Plaintiff and whether Defendant Cunningham acted with malice. 2. The Court defers ruling on Defendant Cunningham's request for qualified immunity until the jury decides whether probable cause existed to arrest Plaintiff.Signed by Honorable Robert D. Mariani on 11/13/13. (jfg)
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