HALES et al v. FELL et al

Filing 44

ORDER THAT DEFTS CHARLES FELL & TIMOTHY GARRON'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO PLFFS' FEDERAL CLAIMS & STATE LAW ASSAULT & BATTERY CLAIMS. JUDGMENT ON COUNTS I & IV OF THE AMENDED COMPLAINT IS ENTERED IN FAVOR OF FELL & GARRO N & AGAINST PLFFS. IT IS FURTHER ORDERED JOHN DOE DEFTS 1 & 2 ARE DISMISSED. IT IS FURTHER ORDERED THAT COUNTS V THROUGH VIII OF THE AMENDED COMPLAINT ARE DISMISSED WITHOUT PREJUDICE PURSUANT TO 28 U.S.C. SEC. 1367(c)(3). THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED.SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/23/13. 5/23/13 ENTERED AND COPIES E-MAILED.(kw, )

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

JEROME HALES, et al.
v.
CHARLES FELL,
City of Chester Police Captain, in Both
His Official and Individual Capacity, et
al.

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CIVIL ACTION
No. 12-3495

ORDER
AND NOW, this 23rd day of May, 2013, for the reasons set forth in the accompanying
Memorandum, it is ORDERED Defendants Charles Fell and Timothy Garron’s Motion for
Summary Judgment (Document 24) is GRANTED as to Plaintiffs’ federal claims (Count I) and
state law assault and battery claims (Count IV). Judgment on Counts I and IV of the Amended
Complaint is entered in favor of Fell and Garron and against Plaintiffs.
It is further ORDERED John Doe Defendants 1 and 2 are DISMISSED.
It is further ORDERED, this Court having declined to exercise supplemental jurisdiction
over Plaintiffs’ remaining state law claims, Counts V through VIII of the Amended Complaint
are DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
The Clerk of Court is directed to mark this case CLOSED.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez

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