KEAHEY v. BETHEL TOWNSHIP, PENNSYLVANIA et al
| GEORGE B. KEAHEY |
| BETHEL TOWNSHIP, PENNSYLVANIA, W. COYLE, C. KIMBEL, B. BUCK, REGISTER, MERVINE, BRADSHAW, L. STACKENI and JOHN DOE |
| 2:2011cv07210 |
| November 18, 2011 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Delaware |
| RONALD L. BUCKWALTER |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
33
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS ON THE ENTIRETY OF THE AMENDED COMPLAINT AGAINST IT. DEFENDANT'S MOTION FOR LEAVE TO FILE AN AFFIDAVIT OF WENDY KEAHEY IS DENIED AS MOOT. PLAINTIFF'S MOTIONS IN LIMINE TO BAR INTRODUCTION OF HIS PROFESSION IN EVIDENCE AND TO BAR MARK ALLEN RAITH FROM PRESENTING OPENING AND CLOSING STATEMENTS ARE DENIED AS MOOT. THIS CASE IS NOW CLOSED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/13/12. 12/14/12 ENTERED & E-MAILED.[fdc]
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Filing
8
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART: DEFENDANTS' MOTION TO DISMISS THE 42 USC SECTION 1983 CLAIMS (COUNTS I AND II) IS GRANTED TO THE EXTENT PLAINTIFF'S CLAIMS ALLEGE DEPRIVATIO NS OF HIS FOURTEENTH AMENDMENT SUBSTANTIVE DUE PROCESS RIGHTS, BUT DENIED TO THE EXTENT THE CLAIMS ALLEGE DEPRIVATIONS OF THE FOURTH AMENDMENT BASED ON THE UNCONSTITUTIONAL SEIZURE OF ONE'S PERSON AND PERSONAL PROPERTY, AND DEPRIVATION OF FOURTE ENTH AMENDMENT PROCEDURAL DUE PROCESS RIGHTS; DEFNEDANTS' MOTION TO DISMISS THE CONSPIRACY TO DEPRIVE PLAINTIFF OF CONSTITUTIONAL RIGHTS CLAIM IS DENIED; DEFENDANTS' MOTION TO DISMISS THE FALSE IMPRISONMENT CLAIM (COUNT IV) IS DENIED; DEFEN DANTS' MOTION TO DISMISS THE HARASSMENT CLAIM (COUNT V) IS GRANTED; DEFENDANTS' MOTION TO DISMISS THE MALICIOUS ABUSE OF PROCESS CLAIM IS GRANTED; DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S REQUEST FOR PUNITIVE DAMAGES IS GRANTED A S TO ALL SECTION 1983 CLAIMS AGAINST BETHEL TOWNSHIP, BUT DENIED TO THE EXTENT THAT PLAINTIFF ASSERTS CLAIMS AGAINST THE OFFICERS IN THEIR INDIVIDUAL CAPACITIES, AND DENIED AS TO PLAINTIFF'S STATE LAW CLAIMS; DEFENDANTS' MOTION TO DISMISS B ASED ON THE QUALIFIED IMMUNITY DOCTRINE IS DENIED WITHOUT PREJUDICE TO RAISE AT A LATER STAGE IN THE LITIGATION; ALL CLAIMS ASSERTED AGAINST THE BETHEL TOWNSHIP POLICE DEPARTMENT AS AN ENTITY SEPARATE FROM THE TOWNSHIP ARE DISMISSED; DEFENDANTS' REQUEST TO DISMISS BETHEL TOWNSHIP AS A PARTY TO THE CASE IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/15/12. 2/15/12 ENTERED AND E-MAILED.(fdc) (Additional attachment(s) added on 2/15/2012: # 1 memo.) (fdc, ).
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