ERNAY et al v. SWATSKI et al

Filing 21

ORDER THAT DEFT SWATSKI'S MOTION FOR RECONSIDERATION IS GRANTED IN PART & DENIED IN PART, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/9/11. 8/10/11 ENTERED AND COPIES E-MAILED.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _______________________________________ ADRANIH ERNAY, ADRIAN ERNAY, WENDELL WESLEY, OTIS RAGLAND, and LINDA FAUST, Plaintiffs, v. CHRIS SWATSKI, Defendant. _______________________________________ : : : : : : : : : : : : CIVIL ACTION NO. 10-1035 ORDER AND NOW, this 9th day of August 2011, upon consideration of Defendant Swatski’s Motion for Reconsideration (Document No. 19, filed July 28, 2011), for the reasons set forth in the Memorandum dated August 9, 2011, Defendant Swatski’s Motion for Reconsideration is GRANTED IN PART AND DENIED IN PART, as follows: 1. The motion is GRANTED with respect to defendant’s request that the Court rule on his claim of qualified immunity based on his belief that a parole absconder was at plaintiffs’ property the day that he and other agents under his supervision searched plaintiffs’ apartments. The Court RULES that defendant is not entitled to qualified immunity on this ground; and 2. Defendant’s motion is DENIED in all other respects. BY THE COURT: /s/ Hon. Jan E. DuBois JAN E. DUBOIS, J. _

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