DEVINE v. MIDDLETOWN TOWNSHIP et al
| DIANE DEVINE |
| MIDDLETOWN TOWNSHIP, MIDDLETOWN TOWNSHIP POLICE DEPARTMENT, JOSEPH SCHUCK, JOSEPH BUCKLEY and MARK LEONHAUSER |
| 2:2014cv01072 |
| February 21, 2014 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Bucks |
| C. DARNELL JONES |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Defendant |
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Filing
61
ORDER THAT DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY BRIEF (DOC. NO. 53 ) IS GRANTED AND THE REPLY BRIEF ATTACHED THERETO AS EXHIBIT A SHALL BE DEEMED FILED AS OF THIS DAY; (2) PLAINTIFFS MOTION FOR LEAVE TO FILE A SURREPLY BRIEF (DOC. NO. 55 ) I S GRANTED AND THE SURREPLY BRIEF ATTACHED THERETO AS EXHIBIT A SHALL BE DEEMED FILED AS OF THIS DAY; (3) UPON CONSIDERATION OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 44 ), PLAINTIFFS RESPONSE IN OPPOSITION THERETO (DOC. NO. 49 ), DEFENDAN TS REPLY (DOC. NO. 53 , EX. A), AND PLAINTIFFS SURREPLY (DOC.NO. 55 , EX. A), DEFENDANTS MOTION IS GRANTED; AND, (4) THE CLERK OF COURT SHALL ENTER JUDGMENT IN FAVOR OF DEFENDANTS AND MARK THIS MATTER CLOSED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/1/16. 8/5/16 ENTERED AND COPIES E-MAILED. (va, )
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Filing
59
ORDER THAT DEFENDANTS MOTION IS DENIED IN PART. DR. MCCAULEY QUALIFIES AS AN EXPERT AND HIS OPINION IS RELEVANT TO THE FOURTH AMENDMENT USE OF FORCE CLAIM. (COMPL., ECF NO. 1 , COUNT I) HE MAY TESTIFY WITH RESPECT TO PREVAILING USE OF FORCE STANDAR DS IN THE FIELD OF LAW ENFORCEMENT AND WHETHER THE DEFENDANTS USE OF FORCE WAS IN ACCORD WITH THE STANDARDIZED POLICE PROCEDURES GIVEN THE FACTS OF THIS CASE. DEFENDANTS MOTION IS GRANTED IN PART. DR. MCCAULEY IS PRECLUDED FROM OPINING THAT THE DEFENDANTS USE OF FORCE WAS UNREASONABLE OR EXCESSIVE. HE MAY NOT OPINE ON ANY ULTIMATE LEGAL QUESTION FOR THE FACT-FINDER. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 4/29/16. 4/29/16 ENTERED AND COPIES E-MAILED. (va, )
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