FARRELL v. NORTHAMPTON COUNTY

Filing 86

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. 67 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN; THAT DEFENDANTS PICCONE, CONKLIN, LAMONT, AND JOHN DOES I-X ARE DISMISSED FROM THIS ACTION AND SHALL BE REMOVED FROM THE CAPTION; THAT THE CAPTION SHALL BE AMENDED TO SUBSTITUTE NATHAN PICCONE FOR DEFENDANT DANIEL PICCONE; AND THAT A TELEPHONE CONFERENCE FOR THE PURPOSE OF SCHEDULING FURTHER PROCEEDINGS WILL BE CONDUCTED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/31/2015. 8/3/2015 ENTERED AND COPIES E-MAILED. (aeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MATTHEW FARRELL,
Plaintiff,

CIVIL ACTION

v.
NORTHAMPTON COUNTY,
C.O. RYAN KELLY,
DANIEL PICCONE,
JOHN STOFFA,
ROBERT MEYERS,
TODD BUSKIRK,
JOHN CONKLIN,
WILLIAM SWEENEY,
CONRAD LAMONT,
JOHN DOES I-X, and
PAUL SERRANO,
Defendants.

NO. 11-3665

ORDER
AND NOW, this 31st day of July, 2015, upon consideration of Defendants’ Motion for
Summary Judgment1 (Document No. 67, filed September 2, 2014), Defendants’ Statement of
Material Uncontested Facts (Document No. 68, filed September 2, 2014), Plaintiff’s Answer to
Defendants’ Statement of Purportedly Material Uncontested Facts (Document No. 71, filed October
6, 2014), Plaintiff’s Memorandum of Law in Opposition to Defendants’ Motion for Summary
Judgment (Document No. 72, filed October 6, 2014), Defendants’ Reply Brief in Further Support of
Defendants’ Motion for Summary Judgment (Document No. 74, filed October 17, 2014), Plaintiff’s
Suppliment [sic] to Their Memorandum of Law in Opposition of Defendant’s [sic] Motion for
Summar [sic] Judgment (Document No. 83, filed April 22, 2015), and Northampton County
Defendants’ Supplemental Memorandum of Law in Support of Their Motion for Summary Judgment
(Document No. 84, filed May 4, 2015), for the reasons set forth in the accompanying Memorandum
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The Motion for Summary Judgment was filed on behalf of all defendants except Paul Serrano.

dated July 31, 2015, IT IS ORDERED that Defendants’ Motion for Summary Judgment is
GRANTED IN PART and DENIED IN PART, as follows:
1.

Count I: The Motion is GRANTED as to Count I against defendants Kelly, Piccone,

Stoffa, Meyers, Buskirk, Conklin, Sweeney, and Lamont, and DENIED as to Count I against
defendant Northampton County;
2.

Count II: The Motion is GRANTED as to Count II against defendants Piccone and

Lamont, and DENIED as to Count II against defendant Kelly. The Motion is also GRANTED as to
Count II to the extent that it is based on a theory that defendants Kelly and Piccone entered into a
conspiracy to coerce Farrell to drop his pro se Complaint in violation of his First Amendment rights;
3.

Count III: The Motion is GRANTED as to Count III against defendant Lamont, and

DENIED as to Count III against defendant Kelly;
4.

Count IV: The Motion is GRANTED as to Count IV against defendants Northampton

County, Kelly, Piccone, Lamont, and Conklin, and DENIED as to Count IV against defendants
Stoffa, Meyers, Buskirk, and Sweeney;
5.

Count V: The Motion is GRANTED as to Count V against defendants Northampton

County, Piccone, Stoffa, Meyers, Buskirk, Conklin, Sweeney, and Lamont in their official and
individual capacities. The Motion is GRANTED as to Count V against defendant Kelly in his official
capacity, and DENIED as to Count V against defendant Kelly in his individual capacity;
6.

Count VI: The Motion is DENIED as to Count VI; and

7.

Count IX: The Motion is GRANTED as to Count IX against defendants Piccone and

Lamont, and DENIED as to Count IX against defendant Kelly.
IT IS FURTHER ORDERED that defendants Piccone, Conklin, Lamont, and John Does I–
X are DISMISSED from this action and shall be REMOVED from the caption.

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IT IS FURTHER ORDERED that the caption shall be AMENDED to substitute Nathan
Piccone for defendant Daniel Piccone.
IT IS FURTHER ORDERED that a telephone conference for the purpose of scheduling
further proceedings will be conducted in due course.
BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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