IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 10, 2010
LAURA STEWART, ET AL
JEREMY MOLL, ET AL
The opinion of the court was delivered by: Mitchell S. Goldberg, J.
AND NOW, this 10th day of May, 2010, upon consideration of Defendants, the City of Allentown, Officer Jeremy Moll, and Officer Wesley Wilcox's, Motion for Summary Judgment, the response filed in opposition and the reply thereto, it is hereby ORDERED that Defendants' Motion (Doc. No. 60) is GRANTED IN PART and DENIED IN PART, as follows:
* Count IV, Plaintiffs' excessive force claims under § 1983, is dismissed in part. The estate's excessive force claim against Moll shall proceed. However, the estate's excessive force claim against Wilcox is dismissed, and Tonya Stewart's excessive force claims against Moll and Wilcox are dismissed.
* Count V, VI, VII, VIII, and IX are dismissed.
* Count XI, the estate's assault and battery claim against Moll, shall proceed to trial.
* Counts XII, XIII, and XIV are dismissed.
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