IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
July 30, 2010
SONIA PAGAN, PLAINTIFF
AARON OGDEN, BARRY JOZWIAK, AND COUNTY OF BERKS, DEFENDANTS
The opinion of the court was delivered by: Lawrence F. Stengel, J.
AND NOW, this 30th day of July, 2010, upon consideration of defendants' motion for summary judgment (Doc. #40), plaintiffs' response thereto (Doc. # 43, 44, 46), and defendants' reply (Doc. # 48), IT IS HEREBY ORDERED that:
1. Defendants' motion is GRANTED in part, and DENIED in part;
2. Defendants' summary judgment motion is GRANTED as to:
a. Ms. Cambrelen's Fourth Amendment claim;
b. Ms. Cambrelen's Fourteenth Amendment claim;
c. Ms. Pagan and Ms. Cambrelen's Monell claims;
d. Ms. Pagan and Ms. Cambrelen's reckless disregard claims;
e. Ms. Cambrelen's request for punitive damages;
f. Ms. Pagan's negligence claim;
g. Ms. Cambrelen's assault claim;
h. Ms. Cambrelen's battery claim;
i. Ms. Cambrelen's intentional infliction of emotional distress claim;
j. Ms. Pagan's wrongful death claim against former Sheriff Jozwiak and the County of Berks; and
k. Ms. Pagan's survival action claim against former Sheriff Jozwiak and the County of Berks;
3. Defendants' summary judgment motion is DENIED as to all other claims; and
4. Judgment is HEREBY entered in favor of defendants Aaron Ogden, Barry Jozwiak, and County of Berks and against plaintiff Jasmine Cambrelen.
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