Canela v. Harris et al

Filing 22

Judge George A. OToole, Jr: ORDER entered denying 13 Motion for Summary Judgment (Danieli, Chris)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 11-11165-GAO
RAMON A. CANELA,
Plaintiff,
v.
CLIFFORD HARRIS and THE TOWN OF FALMOUTH
Defendants.

ORDER
October 17, 2012
O’TOOLE, D.J.
The claims in this case arise out of a motor vehicle stop and arrest that occurred on
September 23, 2008. The defendants have moved for summary judgment (dkt. no. 13) and
plaintiff has opposed. After a full review of the record, I conclude that there are genuine issues of
material fact in dispute and the defendants are not entitled to judgment as a matter of law. See
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). Summary judgment is therefore
inappropriate at this time.
Accordingly, the defendants’ Motion for Summary Judgment (dkt. no. 13) is DENIED.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge