STROUD v. BOORSTEIN et al

Filing 44

ORDER THAT DEFTS. RYAN BOORSTEIN, ANDREW OCETNIK, DANIEL BONHAM, AND BRIAN HERNCANE FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 38) IS GRANTED IN PART, AND DENIED IN PART: DEFTS' MOTION IS GRANTED ON PLFF'S FALSE ARREST CLAIM AS TO ALL DEFTS (COU NT 5); DEFT'S MOTION IS GRANTED ON PLFF'S MALICIOUS PROSECUTION CLAIM AS TO ALL DEFTS. (COUNT 4); DEFTS' MOTION IS GRANTED ON PLFF'S DENIAL OF MEDICAL TREATMENT CLAIM UNDER THE 14TH AMENDMENT AS TO ALL DEFTS. (COUNT 2), ETC.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 5/19/14. 5/21/14 ENTERED AND COPIES MAILED AND E-MAILED TO COUNSEL AND 1 COPY TO LEGAL BIN.(pr, ) Modified on 5/21/2014 (pr, ). Modified on 5/21/2014 (pr, ).

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

STEVEN STROUD

:
:
:
:
:

v.
RYAN BOORSTEIN, ET AL.

CIVIL ACTION
NO. 10-3355

ORDER
AND NOW, this 19th day of

May

, 2014, upon consideration of the Motion

of Defendants Ryan Boorstein, Andrew Ocetnik, Daniel Bonham, and Brian Herncane for Partial
Summary Judgment (ECF No. 38), and all documents submitted in support thereof, and in
opposition thereto, it is ORDERED that the Motion is GRANTED in part, and DENIED in
part, as follows:
1.

Defendants’ Motion is GRANTED on Plaintiff’s false arrest claim as to all
Defendants (Count 5);

2.

Defendants’ Motion is GRANTED on Plaintiff’s malicious prosecution claim as
to all Defendants (Count 4);

3.

Defendants’ Motion is GRANTED on Plaintiff’s denial of medical treatment
claim under the Fourteenth Amendment as to all Defendants (Count 2);

4.

Defendants’ Motion is GRANTED on Plaintiff’s deprivation of property due
process claim as to Defendants Ryan Boorstein, Daniel Bonham, and Brian
Herncane (Count 2);

5.

Defendants’ Motion is DENIED on Plaintiff’s claims for excessive force (Count
1), and assault and battery (Count 3) as to Defendant Daniel Bonham;

6.

Defendants’ Motion is GRANTED on Plaintiff’s claims for excessive force
(Count 1), and assault and battery (Count 3) as to Defendant Brian Herncane. 1

IT IS SO ORDERED.

BY THE COURT:

______________________________
R. BARCLAY SURRICK, J.

1

The following claims survive summary judgment: (1) Plaintiff’s excessive force claim
against Defendants Ryan Boorstein, Andrew Ocetnik and David Bonham (Count 1); (2)
Plaintiff’s assault and battery claims against Defendants Ryan Boorstein, Andrew Ocetnik and
David Bonham (Count 3); and Plaintiff’s deprivation of property claim against Andrew Ocetnik
(Count 2).
2