FANELLI v. LANSDALE BOROUGH et al
| PAUL FANELLI |
| LANSDALE BOROUGH, GORY, JAMES OWENS and MCCARRICK |
| 2:2015cv00240 |
| January 20, 2015 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Bucks |
| ROBERT F. KELLY |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Both |
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Filing
39
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT DEFENDANTS' MOTION IS DENIED AS TO COUNT I AGAINST OFFICER OWENS ASSERTING EXCESSIVE FORCE. FOR COUNT II, AL LEGING FAILURE TO INTERVENE, DEFENDANTS' MOTION IS GRANTED AS IT RELATES TO OFFICER MCCARRICK, BUT IT IS DENIED AS IT PERTAINS TO OFFICER OWENS. DEFENDANTS' MOTION IS GRANTED AS TO COUNT III ALLEGING A CONSPIRACY. DEFENDANTS' MOTION IS DENIED AS TO COUNT IV AGAINST OFFICER OWENS ASSERTING SUPERVISOR LIABILITY. DEFENDANTS' MOTION IS GRANTED AS TO COUNT V AGAINST LANSDALE ALLEGING MUNICIPALITY LIABILITY. OFFICER OWENS IS NOT ENTITLED TO QUALIFIED IMMUNITY; AND OFFICER MCCARRICK IS ENTITLED TO QUALIFIED IMMUNITY. SIGNED BY HONORABLE ROBERT F. KELLY ON 12/15/16. 12/15/16 ENTERED & E-MAILED.(fdc)
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