Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Eckman v. Lancaster City

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


September 30, 2010

IVY JO ECKMAN; ADRIAN SANCHEZ; AND ALTHEA SANCHEZ, PLAINTIFFS
v.
LANCASTER CITY; POLICE OFFICER C. LUCIANO; POLICE OFFICER JOSEPH GRAZCYK; POLICE OFFICER JAMES FATTA; AND POLICE OFFICER DAMON GREATHOUSE, DEFENDANTS

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 30 th day of September, 2010, upon consideration of the following documents:

(1) Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure, which motion was filed October 6, 2009 (Document 18); together with:

(a) Brief in Support of Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure, which brief was filed October 6, 2009 (Document 18-2);

(b) Statement of Material Facts in Support of Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure, which statement was filed October 6, 2009 (Document 18-3); and

(c) Appendix of Exhibits in Support of Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure, which appendix was filed October 6, 2009 (Document 18-4);

(2) Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), which response was filed November 17, 2009 (Document 25); together with:

(a) Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56(c), which brief was filed November 17,2009 (Document 27);

(b) Plaintiffs' Counter Statement of Material Facts, in Opposition to Defendants' Motion for Summary Judgment, which counter statement was filed November 17, 2009 (Document 26); and

(c) Plaintiffs' Appendix of Exhibits in Opposition to Defendants' Motion for Summary Judgment Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, which appendix was filed November 18, 2009 (Document 28); upon consideration of the pleadings, record papers, exhibits, affidavits and depositions submitted by the parties; after oral argument held January 22, 2010*fn1 ; it appearing that on October 8, 2009 former District Judge Thomas M. Golden entered an Order filed October 9, 2009 approving a stipulation of counsel dismissing five enumerated claims with prejudice (Document 19); it further appearing that the parties have stipulated that defendants Lancaster City and Police Officer Carlos M. Luciano, Jr. shall be dismissed from the within lawsuit*fn2 ; and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that defendants' motion for summary judgment is denied in part and granted in part.

IT IS FURTHER ORDERED that the motion for summary judgment of defendant Police Officer Damon Greathouse is denied concerning the claims against him by plaintiff Ivy Jo Eckman in the Civil Action Complaint for false arrest (Counts I and V), malicious prosecution (Counts IV and V), punitive damages (Count VII) and attorneys' fees (Count VIII).

IT IS FURTHER ORDERED that in all other respects, defendants' motion for summary judgment is granted.

IT IS FURTHER ORDERED that all claims in the Civil Action Complaint of plaintiffs Ivy Jo Eckman, Adrian Sanchez and Althea Sanchez are dismissed with prejudice against defendants Lancaster City, Police Officer C. Luciano, Police Officer Joseph Graczyk and Police Officer James Fatta.

IT IS FURTHER ORDERED that the claims in the Civil Action Complaint of plaintiff Ivy Jo Eckman against defendant Police Officer Damon Greathouse for failure to investigate (Count III) are dismissed with prejudice.*fn3


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.