Kamayou v. University of Massachusetts Lowell et al

Filing 65

Judge Indira Talwani: ORDER entered ACCEPTING and ADOPTING 61 Report and Recommendations. The 33 Motion for Summary Judgment is ALLOWED as to Counts III and IV and DENIED as to Count V. As to Count I, the motion is DENIED in part as to the claim of excessive force and ALLOWED in part as to all other claims under 42 U.S.C. § 1983. (DaSilva, Carolina)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
FABRICE KAMAYOU,

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Plaintiff,
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v.
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UNIVERSITY OF MASSACHUSETTS, *
LOWELL, UNIVERSITY OF
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MASSACHUSETTS, LOWELL POLICE *
DEPARTMENT, BOHDAN ZARYCKYJ, *
MARK SCHAFF, and SCOTT CHILDS,
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Defendants.
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Civil Action No. 16-cv-10098-IT

ORDER
TALWANI, D.J.
After considering the Magistrate Judge’s September 7, 2018, Report and
Recommendation [#61], and noting that there has been no objection, the court hereby ACCEPTS
and ADOPTS the Report and Recommendation [#61] for the reasons set forth therein.
Defendants’ Motion for Summary Judgment [#33] is ALLOWED on all counts with
respect to Defendant Bohdan Zaryckyj (Counts I, III, IV, and V).
As to Defendants Mark Schaaf and Scott Childs, the Motion for Summary Judgment
[#33] is ALLOWED as to Counts III and IV and DENIED as to Count V. As to Count I, the
motion is DENIED in part as to the claim of excessive force and ALLOWED in part as to all
other claims under 42 U.S.C. § 1983.
IT IS SO ORDERED.
Date: September 25, 2018

/s/ Indira Talwani
United States District Judge