GARCIA v. NEWTOWN TOWNSHIP et al

Filing 70

ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED IN ALL RESPECTS WITH THE EXCEPTION OF PLAINTIFF'S CLAIM AGAINST DEFENDANT CZAJKOWSKI IN COUNT I FOR RETALIATORY DISMISSAL IN VIOLATION OF HER FIRST AMENDMENT RIGHT TO SPEAK ON THE MATT ER OF TIME MESSRS, CZAJKOWSKI AND BOYLE SPENT WORKING FOR THE TOWNSHIP. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED AS A MATTER OF LAW IN FAVOR OF DEFENDANTS NEWTOWN TOWNSHIP, THOMAS JIRELE, PHILIP CALABRO, MICHAEL GALLAGHER AND JERRY SCHENKMAN ON ALL THE COUNTS REMAINING IN THE COMPLAINT AND IN FAVOR OF DEFENDANT JOSEPH CZAJKOWSKI ON ALL OF THE CLAIMS REMAINING AGAINST HIM IN THE COMPLAINT WITH THE EXCEPTION OF THE ABOVE-NOTED CLAIM SET FORTH IN COUNT I. SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/9/2011. 6/10/2011 ENTERED AND COPIES E-MAILED.(sg, )

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

ANTONIA GARCIA

: CIVIL ACTION
:
vs.
:
: NO. 09-CV-3809
NEWTOWN TOWNSHIP,
:
JOSEPH CZAJKOWSKI,
:
THOMAS JIRELE, PHILIP CALABRO, :
MICHAEL GALLAGHER and
:
JERRY SCHENKMAN
:

ORDER

AND NOW, this

9th

day of June, 2011, upon

consideration of the Defendants’ Motion for Summary Judgment
Pursuant to Fed. R. Civ. P. 56 (Doc. No. 52) and Plaintiff’s
Response thereto, it is hereby ORDERED that the Motion is GRANTED
in all respects with the exception of Plaintiff’s claim against
Defendant Czajkowski in Count I for retaliatory dismissal in
violation of her First Amendment right to speak on the matter of
the amount of time Messrs. Czajkowski and Boyle spent working for
the Township.
IT IS FURTHER ORDERED that Judgment is entered as a matter
of law in favor of Defendants Newtown Township, Thomas Jirele,
Philip Calabro, Michael Gallagher and Jerry Schenkman on all of
the counts remaining in the Complaint and in favor of Defendant
Joseph Czajkowski on all of the claims remaining against him in
the Complaint with the exception of that above-noted claim set
forth in Count I.

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER,

C.J.