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Bourne v. Lancaster County Prison

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


October 28, 2009

ROBERT M. BOURNE, PLAINTIFF
v.
LANCASTER COUNTY PRISON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

ORDER

AND NOW, this 28th day of October, 2009, upon consideration of the summary judgment motion of defendants Lancaster County Prison, Troy Waltz, and Vincent Guarini (docket no. 92), and plaintiff Robert M. Bourne's response thereto,

IT IS HEREBY ORDERED that the motion is GRANTED IN PART AND DENIED IN PART as follows:

With respect to Counts IV, V, VII, and VIII of plaintiff's third amended complaint, the motion is GRANTED. Judgment is entered in favor of defendant Waltz and against plaintiff on Counts IV and V, and in favor of all defendants and against plaintiff on Counts VII and VIII.

With respect to Counts I and II, the motion is DENIED.

With respect to Counts III and VI, the motion is GRANTED IN PART AND DENIED IN PART. Plaintiff may continue to pursue Count III only to the extent that it asserts a claim for willful misconduct against defendant Waltz, and he may continue to pursue Count VI only to the extent that it asserts a claim pursuant to 42 U.S.C. § 1983 for excessive force against defendant Waltz. Judgment is entered in favor of defendants Lancaster County Prison and Guarini and against plaintiff on Count VI.

Defendants Lancaster County Prison and Guarini are dismissed as parties to this action. Trial in this matter is scheduled for January 19, 2010, at 10:00 a.m.

20091028

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