CHAPPELL v. THE HORSHAM TOWNSHIP POLICE DEPARTMENT et al
| VIRGINIA CHAPPELL |
| THE HORSHAM TOWNSHIP POLICE DEPARTMENT, WILLIAM J. DALY, JEFFREY WOODRUFF, ANDREW NISBET, JOSE ORTIZ and K. JOHN POTTS |
| 2:2016cv02650 |
| May 23, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| STEWART DALZELL |
| Other Civil Rights |
| 42:1983 |
| Defendant |
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Filing
62
OPINION ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NOS. 55 , 59 , 60 ) IS GRANTED. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 11/20/2018. 11/21/2018 ENTERED AND COPIES E-MAILED.(amas)
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Filing
22
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS [#11] IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S CLAIMS AGAINST CHIEF WILLIAM J. DALY IN HIS INDIVIDUAL CAPACITY ARE DISMISSED. PLAINTIFF'S CLAIMS AGAINST OFFIC ER JEFFREY WOODRUFF, OFFICER ANDREW NISBET, OFFICER JOSE ORTIZ, AND LIEUTENANT K. JOHN POTTS IN THEIR OFFICIAL CAPACITIES ARE DISMISSED. DEFENDANTS' MOTION TO DISMISS [#11] IS DENIED WITH RESPECT TO PLAINTIFF'S FOURTH AMENDMENT CLAIMS IN CO UNT I AGAINST OFFICER WOODRUFF, OFFICER NISBET, OFFICER ORTIZ, AND LIEUTENANT POTTS IN THEIR INDIVIDUAL CAPACITIES. DEFENDANTS' MOTION TO DISMISS [#11] IS GRANTED WITH RESPECT TO THE SUBSTANTIVE DUE PROCESS CLAIM IN COUNT I OF PLAINTIFF'S S ECOND AMENDED COMPLAINT [#12]; DEFENDANTS' MOTION TO DISMISS [#11] IS GRANTED ON COUNTS II AND III OF PLAINTIFF'S SECOND AMENDED COMPLAINT [#12]; DEFENDANTS' MOTION TO DISMISS [#11] IS DENIED WITH RESPECT TO PLAINTIFF'S NEGLIGENCE CLAIMS IN COUNTS IV AND V AGAINST THE HORSHAM PD, AND PLAINTIFF'S CONVERSION CLAIMS IN COUNT VI AGAINST OFFICER WOODRUFF, OFFICER NISBET, OFFICER ORTIZ, AND LIEUTENANT POTTS IN THEIR OFFICIAL CAPACITIES. DEFENDANTS ARE ORDERED TO FILE AN ANSWER TO PLAINTIFF'S REMAINING CLAIMS WITHIN FOURTEEN (14) DAYS FROM THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 2/21/17. 2/22/17 ENTERED & E-MAILED.(fdc)
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