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BENJAMIN v. FASSNACHT, 12-585. (2014)

Court: District Court, E.D. Pennsylvania Number: infdco20140820974 Visitors: 12
Filed: Aug. 15, 2014
Latest Update: Aug. 15, 2014
Summary: ORDER JEFFREY L. SCHMEHL, District Judge. AND NOW , this 14 th day of August, 2014, upon consideration of Defendants' Motions for Summary Judgment, Plaintiffs' Responses thereto, and Defendants' Replies, it is hereby ORDERED as follows: 1. Defendants' Motions for Summary Judgment are GRANTED in part and DENIED in part; 2. The Motion for Summary Judgment of Defendants, Officer James B. Fassnacht and Corporal Brian Bray (Docket No. 39) is GRANTED , and Defendants Fassnacht and Bray ar
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ORDER

JEFFREY L. SCHMEHL, District Judge.

AND NOW, this 14th day of August, 2014, upon consideration of Defendants' Motions for Summary Judgment, Plaintiffs' Responses thereto, and Defendants' Replies, it is hereby ORDERED as follows:

1. Defendants' Motions for Summary Judgment are GRANTED in part and DENIED in part; 2. The Motion for Summary Judgment of Defendants, Officer James B. Fassnacht and Corporal Brian Bray (Docket No. 39) is GRANTED, and Defendants Fassnacht and Bray are hereby dismissed from this action with prejudice; 3. The Motion for Summary Judgment of Defendants, Lancaster County, David Mueller, Carole Trostle, Robert Kling, Drew Fredericks, Daren Dubey and Joseph Choi ("Lancaster County Defendants") (Docket No. 41) is GRANTED in part and DENIED in part; 4. The Motion for Summary Judgment is GRANTED as to the Lancaster County Defendants on all claims of false arrest, false imprisonment, due process violations, loss of family consortium and state law claims of assault and battery and intentional infliction of emotional distress, and these claims are dismissed from this action with prejudice; and 5. The Motion for Summary Judgment is DENIED as to the Lancaster County defendants on Plaintiffs' claim of unreasonable search and on Plaintiffs' Monell claim.
Source:  Leagle

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