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Erik D. andrews v. Scott W. Seales

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


July 18, 2012

ERIK D. ANDREWS, PLAINTIFF,
v.
SCOTT W. SEALES, DEFENDANT.

The opinion of the court was delivered by: Honorable Timothy R. Rice United States Magistrate Judge

ORDER

AND NOW, this 18th day of July, 2012, upon consideration of Defendant's Motion for Summary Judgment (doc. 27), Plaintiff's response in opposition thereto, and Defendant's reply, and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED as follows:

1. The motion is GRANTED with respect to Plaintiff's claims that Defendant violated his First and Fifth Amendment rights.

2. The motion is GRANTED with respect to Plaintiff's claim that Defendant violated his Fourth Amendment rights by using a TASER device in response to Plaintiff's flight.

3. The motion is DENIED with respect to Plaintiff's claim that Defendant violated his Fourth Amendment rights by pushing his face into the ground while handcuffing him. The case will proceed to trial as scheduled on this claim only.

BY THE COURT:

Timothy R. Rice

20120718

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