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Nwegbo v. Borough

United States District Court, Third Circuit

July 3, 2013

SUNDAY NWEGBO,
v.
COLWYN BOROUGH, et al.

ORDER

JACOB P. HART, District Judge.

AND NOW, this 3rd day of July, 2013, upon consideration of Defendant Craddock's Motion for Partial Summary Judgment (Docket # 21) and Defendants Reed and Pray's Motion for Summary Judgment (Docket #23), as well as the Plaintiff's responses to those motions (Docket #s 24 and 25), it is hereby ordered that Defendant Craddock's Motion for Partial Summary Judgment (Docket #21) is GRANTED IN PART AND DENIED IN PART and Defendant Reed and Pray's Motion (Docket #23) is GRANTED IN PART and DENIED IN PART as follows: Counts I, V, and XI of Plaintiff's Complaint are dismissed; Count VI is dismissed as to Defendants Craddock and Pray; and Count X is dismissed as to Defendant Craddock.3

3 The remaining claims are Count III - Fourth Amendment excessive force (Reed and Craddock), Count IV - Fourth Amendment false arrest (Reed and Craddock), Count VI - First Amendment retaliation (Reed); Count VII - state law assault and battery (Reed and Craddock); VIII - state law false arrest (Reed and Craddock), Count IX - state law false imprisonment (Reed and Craddock), Count X - state law malicious prosecution - (Reed). No claims remain against Defendant Pray. By Order (docket #22), Plaintiff dismissed Colwyn Borough (Count II), and false arrest, false imprisonment and conspiracy against Defendant Pray

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