ANDREWS v. TENIS et al

Filing 32

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED WITH RESPECT TO PLAINTIFF'S CLAIMS THAT DEFENDANT VIOLATED HIS FIRST AND FIFTH AMENDMENT RIGHTS. THE MOTION IS DENIED WITH RESPECT TO PLAINTIFF'S CLAIM THAT DEFENDANT VIOLATED HIS FOURTH AMENDMENT RIGHTS BY PUSHING HIS FACE INTO THE GROUND WHILE HANDCUFFING HIM; ETC.. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 7/18/12. 7/19/12 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ERIK D. ANDREWS,
Plaintiff,
v.
SCOTT W. SEALES,
Defendant.

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CIVIL ACTION

No. 11-CV-1967

ORDER
AND NOW, this 18th day of July, 2012, upon consideration of Defendant’s Motion for
Summary Judgment (doc. 27), Plaintiff’s response in opposition thereto, and Defendant’s reply,
and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby
ORDERED as follows:
1. The motion is GRANTED with respect to Plaintiff’s claims that Defendant violated
his First and Fifth Amendment rights.
2. The motion is GRANTED with respect to Plaintiff’s claim that Defendant violated
his Fourth Amendment rights by using a TASER device in response to Plaintiff’s flight.
3. The motion is DENIED with respect to Plaintiff’s claim that Defendant violated his
Fourth Amendment rights by pushing his face into the ground while handcuffing him. The case
will proceed to trial as scheduled on this claim only.

BY THE COURT:

/s/ Timothy R. Rice
HONORABLE TIMOTHY R. RICE
United States Magistrate Judge