MASSEY v. FAIR ACRES GERIATRIC CENTER et al

Filing 46

MEMORANDUM AND ORDER THAT DEFENDANTS' FAIR ACRES GERIATRIC CENTER AND DELAWARE COUNTY'S MOTION FOR SUMMARY JUDGMENT" IS GRANTED IN PART AS FOLLOWS: 1. SUMMARY JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS ON COUNT I OF THE COMPLAINT; 2. S UMMARY JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS ON THE SECTION 1983 CLAIM CONTAINED IN COUNT II OF THE COMPLAINT. THE REMAINDER OF DEFENDANTS' MOTION IS DENIED. A MEMORANDUM ACCOMPANIES THIS ORDER. SIGNED BY HONORABLE EDMUND V. LUDWIG ON 3/23/12. 3/23/12 ENTERED AND E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KENNETH MASSEY
v.
FAIR ACRES GERIATRIC CENTER

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CIVIL ACTION

No. 09-3170

ORDER
AND NOW, this 23rd day of March, 2012, “Defendants’ Fair Acres Geriatric Center
and Delaware County’s Motion for Summary Judgment” (docket no. 39) is granted in part
as follows:
1. Summary judgment is entered in favor of defendants on Count I of the complaint;
2. Summary judgment is entered in favor of defendants on the § 1983 claim contained
in Count II of the complaint.
The remainder of defendants’ motion is denied. A memorandum accompanies this
order.

BY THE COURT:

/s/Edmund V. Ludwig
Edmund V. Ludwig, J.