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.

John Hrezik v. Ken A Moyer

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


January 19, 2012

JOHN HREZIK, PLAINTIFF
v.
KEN A MOYER, IN HIS OFFICIAL CAPACITY *FN1 WILLIAM HEIM, CHIEF OF POLICE OF THE READING POLICE DEPARTMENT,INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AND THE CITY OF READING, A CITY OF THE THIRD CLASS, AND A MUNICIPALITY OF THE COMMONWEALTH OF PENNSYLVANIA, DEFENDANTS

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

ORDER

NOW, this 18 th day of January, 2012, upon consideration of Defendants' Motion for Summary Judgment, which motion was filed September 20, 2011 (Document 20); upon consideration of Plaintiff John Hrezik's Response in Opposition to Defendants' Motion for Summary Judgment, which response was filed November 1, 2011 (Document 28); upon consideration of the briefs of the parties; and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that Defendant's Motion for Summary

Judgment is granted in part and denied in part.

IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment on Count I of plaintiff's Complaint against defendant Ken A. Moyer is granted in part and denied in part.

IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment on plaintiff's claim in Count I of the Complaint brought pursuant to 42 U.S.C. § 1983 for violation of the Eighth and Fourteenth Amendments is granted.

IT IS FURTHER ORDERED that all claims in Count I of plaintiff's Complaint brought pursuant to 42 U.S.C. § 1983 for violation of the Eighth and Fourteenth Amendments are dismissed.

IT IS FURTHER ORDERED that in all other respects Defendants' Motion for Summary Judgment concerning Count I of plaintiff's Complaint is denied.

IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment concerning Count II of plaintiff's Complaint is granted.

IT IS FURTHER ORDERED that Count II is dismissed from plaintiff's Complaint.

IT IS FURTHER ORDERED that all claims against defendants William Heim and the City of Reading are dismissed from this action.

IT IS FURTHER ORDERED that Count III of plaintiff's Complaint shall be considered as part of plaintiff's prayer for relief regarding the surviving portion of Count I of plaintiff's Complaint.

BY THE COURT:

JAMES KNOLL GARDNER


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.