JOHNSON v. ERIE POLICE DEPARTMENT et al
| JERMALL E. JOHNSON |
| ERIE POLICE DEPARTMENT and STEVEN DELUCA |
| 1:2015cv00024 |
| January 16, 2015 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
58
MEMORANDUM OPINION that Defendants motion to dismiss [ECF No. 41] will be granted as to the newly added claims in the amended complaint. Consistent with the Courts ruling on Defendants first motion to dismiss, however, Plaintiff will be permitted to pursue his excessive force claim against Defendant DeLuca arising out of the incident on June 28, 2014. An appropriate Order will follow. Signed by Magistrate Judge Susan Paradise Baxter on 1/20/17. (lrw)
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Filing
24
MEMORANDUM OPINION & ORDER that Defendants' motion to dismiss 7 is GRANTED as to Plaintiff's claim against Defendant EPD, but DENIED as to Plaintiff's claims against Defendant Deluca. IT IS FURTHER ORDERED that Plaintiff's motion for summary judgment 14 is DENIED. The Clerk is directed to terminate Defendant EPD from this case. Signed by Magistrate Judge Susan Paradise Baxter on 3/29/16. (lrw)
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