BRISCOE et al v. JACKSON et al

Filing 16

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/24/14. 2/25/14 ENTERED AND COPIES E-MAILED.(mbh, ) (Main Document 16 replaced on 2/25/2014) (mbh, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DIANE BRISCOE, et al.
v.
OFFICER STEVEN JACKSON, et al.

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CIVIL ACTION

NO. 12-5176

ORDER
AND NOW, this 24th day of February, 2014, upon consideration of the “Motion for
Summary Judgment of Defendants, Upland Borough, Officer Steven Carr and Officer Steven
Jackson” (Doc. No. 13), the response thereto, and for the reasons stated in the accompanying
memorandum opinion, it is hereby ORDERED that:
— The motion is GRANTED with respect to the constitutional claims found in Counts I, II,
III, IV, V (first occurrence)1 and VI of Plaintiffs’ complaint.
— With regard to the remaining state law claims for assault and battery and malicious
prosecution, found at Counts V (second occurrence) and VI of Plaintiffs’ complaint, we
decline to exercise supplemental jurisdiction pursuant to 28 U.S.C. § 1367(c)(3).
Accordingly, these claims are DISMISSED without prejudice.
— The Clerk of Court shall mark this case CLOSED.

BY THE COURT:
/s/ Mitchell S. Goldberg
_________________________
Mitchell S. Goldberg, J.

Plaintiffs’ claims for failure to investigate and their claims for assault and battery are both
identified as “Count V” in the complaint.
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