MAZZARELLA et al v. BRADY et al

Filing 76

ORDER of MEMORANDUM AND/OR OPINION (ECF NO. 75) that DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 56) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS:.... SIGNED BY HONORABLE ANITA B. BRODY ON 1/7/2016. 1/7/2016 ENTERED AND COPIES VIA ECF.(mo, )

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

KEVIN MAZZARELLA, et al.,
Plaintiffs,
v.
DETECTIVE MICHAEL BRADY, et al.,
Defendants.

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CIVIL ACTION
NO. 14-5654

ORDER

AND NOW, this __7th__ day of January, 2016, it is ORDERED that Defendants’
Motion for Summary Judgment (ECF No. 56) is GRANTED in part and DENIED in part as
follows:


Summary Judgment is GRANTED as to Kevin Mazzarella’s state law excessive
force claim against Michael Rihl (Count III of Plaintiffs’ Amended Complaint);



Summary Judgment is GRANTED as to Kevin Mazzarella’s Pennsylvania
constitutional claims of assault and battery against Michael Rihl (Counts V and
VI of Plaintiffs’ Amended Complaint);



Summary Judgment is GRANTED as to the Mazzarellas’ state law false arrest
claim against the Officers (Count IV of Plaintiffs’ Amended Complaint);



Summary Judgment is DENIED as to Kevin Mazzarella’s federal excessive force
claim against Michael Rihl (Count I of Plaintiffs’ Amended Complaint); and



Summary Judgment is DENIED as to Kevin Mazzarella’s Pennsylvania common
law assault and battery claims against Michael Rihl (Counts V and VI of
Plaintiffs’ Amended Complaint).
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Therefore, Kevin Mazzarella’s federal excessive force claim and Pennsylvania common law
assault and battery claims against Michael Rihl are the only claims that remain in this action.
Plaintiff Kevin Mazzarella and Defendant Michael Rihl are the only parties that remain in this
action.

s/Anita B. Brody
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ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to:

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