Porter v. Howson et al
| Daren Porter |
| J. Howson and 10 Unknown John and Jane Does |
| 3:2014cv00105 |
| January 21, 2014 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Union |
| JV |
| Richard P. Conaboy |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
92
MEMORANDUM (Order to follow as separate docket entry)Assuming arguendo that it was determined that a clearly established constitutional right was violated, the undisputed facts do not support a conclusion that it would be clear to a reasonable office r that the challenged conduct of the Remaining Defendants was unlawful. Rather, the undisputed facts would warrant a finding that Seeba and Howson are entitled to qualified immunity since their challenged decisionmaking was not an intentional attempt to place Plaintiff in harms way. Pursuant to the above discussion, the request for summary judgment will be granted. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 9/14/16. (cc)
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Filing
58
MEMORANDUM (Order to follow as separate docket entry) Based upon the reasons et forth herein, there are outstanding issues of material fact which presently preclude a determination as to whether Remaining Defendants Seeba and Howson are entitled to q ualified immunity. Accordingly, this request for summary judgment will be dismissed without prejudice as premature. The parties willbe granted opportunity to submit additional dispositive motions. An appropriate Order will enter.re 26 MOTION to Dismiss and/or, in the Alternative, for Summary Judgment filed by Seeba, M. Edinger, Metzler, Randy Johnson, D. Mink, J. Howson, Heath Signed by Honorable Richard P. Conaboy on 9/28/15. (cc)
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