D.M. et al v. COUNTY OF BERKS et al

Filing 87

MEMORANDUM AND ORDER THAT THE PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO.68) IS DENIED, AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO.70) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/20/2014. 6/20/2014 ENTERED AND COPIES E-MAILED (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
D.M. (Mother) and D.M. (Father), individually :
and on behalf of J.M. and D.P.,
:
:
Plaintiffs,
:
v.
:
:
COUNTY OF BERKS, et al.,
:
:
Defendants
:

CIVIL ACTION

NO. 12-6762

ORDER RE MOTIONS FOR SUMMARY JUDGMENT
AND NOW, this 20th day of June, 2014, following briefing and oral argument, Plaintiffs’
Motion for Partial Summary Judgment (ECF 68) is DENIED, and Defendants’ Motion for
Summary Judgment (ECF 70) is GRANTED in part and DENIED in part, for reasons to be set
forth in the accompanying Memorandum.
Defendants’ Motion for Summary Judgment is GRANTED on the following claims
against the enumerated defendants:
1. All claims against Wendy Seidel, Brian Jakubek, Jennifer Grimes, and Jennifer
McCollum.
2. Plaintiffs’ Fourth and Fourteenth Amendment claims against George Kovarie and
Brandy Neider.
3. Plaintiffs’ Fourth Amendment claims against Timonthy Siminksi.
Defendants’ Motion for Summary Judgment is DENIED on to the following claims
against the enumerated defendants:
1. Plaintiffs’ procedural due process claims against Clinton, High, Siminksi, and the
County of Berks.
2. Plaintiffs’ substantive due process claims against Clinton, High, Siminksi, and the
County of Berks.
3. Plaintiffs’ First Amendment claims against Clinton, High, Siminksi, Kovarie, Neider,
and the County of Berks.

4. Plaintiffs’ Fourth Amendment claims for illegal seizure against Clinton, High,
Siminski, and the County of Berks.
5. Plaintiffs’ Fourth Amendment claim for illegal entry against Clinton.

BY THE COURT:
/s/ Michael M. Baylson
________________
Michael M. Baylson, U.S.D.J.
O:\CIVIL 12\12-6762 D.M. v. couty of berks\12cv6762.062014.order.msj.docx