PEREZ et al v. VEGA et al
| JULIAN PARRILLA PEREZ, CARLA RIVERA CRUZ and ADY RASHID RODRIGUEZ PEREZ |
| VEGA, GINGRASSO, POLICE OFFICER JOHN DOES 1-8 and CITY OF READING |
| 5:2018cv00997 |
| March 8, 2018 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Berks |
| JOSEPH F. LEESON |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
49
ORDER OF 2/28/20 THAT UPON CONSIDERATION OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 34), DEFENDANTS' STATEMENT OF MATERIAL UNDISPUTED FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT (ECF NO. 33), PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 38) FILED, AND PLAINTIFFS' REPLY TO DEFENDANTS' STATEMENTS OF MATERIAL UNDISPUTED FACTS (ECF NO. 38-1), IT IS ORDERED AS FOLLOWS: DEFENDANTS' MOTION FOR SUMMARY JUDGME NT ON PLAINTIFFS' SELECTIVE ENFORCEMENT (COUNT II), CONSPIRACY (COUNT III), AND STATE LAW TRESPASS (COUNT IV) CLAIMS IS GRANTED AS TO ALL DEFENDANTS. COUNTS II, III, AND IV ARE DISMISSED. DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF S' CLAIMS FOR EXCESSIVE FORCE (COUNT I) AND STATE LAW ASSAULT AND BATTERY (COUNT V) AGAINST DEFENDANTS VEGA AND GINGRASSO IN THEIR INDIVIDUAL CAPACITIES IS DENIED. DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTFFS' PUNITIVE DAMAGES CLAIM AGAINST DEFENDANTS VEGA AND GINGRASSO IN THEIR INDIVIDUAL CAPACITIES IS DENIED. SUMMARY JUDGMENT ON ALL CLAIMS AGINST THE CITY OF READING (COUNTS I-III) IS GRANTED. ALL CLAIMS (COUNTS I-V) AGAINST DEFENDANTS VEGA AND GINGRASSO IN THEIR OFFICIA L CAPACITIES ARE DISMISSED. ALL CLAIMS (COUNTS I-V) AGAINST POLICE OFFICER JOHN DOES 1-8 ARE DISMISSED. THE CAPTION IS AMENDED TO JULIAN PARRILLA PEREZ, CARLA RIVERA CRUZ, AND ADY RASHID RODRIGUEZ PEREZ, PLAINTIFFS V. POLICE OFFICER VEGA AND POLICE OFFICER GINGRASSO, IN THEIR INDIVIDUAL CAPACITIES. SIGNED BY MAGISTRATE JUDGE: HENRY S. PERKIN ON 2/28/20. 2/28/20 ENTERED AND COPIES E-MAILED. (DT)
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Filing
18
ORDER OF 3/5/2019 THAT DEFENDANT'S PARTIAL MOTION TO DISMISS, ECF NO. 11, IS GRANTED IN PART AND DENIED IN PART. COUNTS II, III, IV, V-1 AND VII OF THE AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE, HOWEVER PLAINTIFFS ARE GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT WITH RESPECT TO COUNT V-2 AND THE CLAIM FOR SECTION 1983 SELECTIVE ENFORCEMENT ON OR BEFORE MARCH 26, 2019. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 3/5/2019. 3/5/2019 ENTERED AND COPIES E-MAILED.(DT)
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