ROBERTS v. NIEBEL et al

Filing 62

OPINION/ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S CLAIMS AGAINST DEFENDANTS IS GRANTED. JUDGMENT IS ENTERED FOR DEFENDANTS ON PLAINTIFF'S CLAIMS. IT IS FURTHER ORDERED THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM OF OFFICER KENNEDY IS GRANTED. JUDGMENT IS ENTERED ON THE COUNTERCLAIM IN FAVOR OF OFFICER KENNEDY IN AN AMOUNT TO BE DETERMINED AT TRIAL. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/6/15. 1/6/15 ENTERED AND COPIES E-MAILED.(ky, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL V. ROBERTS, Plaintiff, CIVIL ACTION NO. 13-CV-1990 v. OFFICER MATT NIEBEL; OFFICER WILFREDO RAMIREZ; OFFICER CHRISTOPHER A. CORTAZZO; OFFICER JAMES T. KENNEDY; and THE CITY OF READING, Defendants ORDER AND NOW, this 6th day of January, 2015, upon consideration of Defendants City of Reading, Officer Matt Niebel, Officer Wilfredo Ramirez, Officer Christopher Cortazzo and Officer James T. Kennedy’s Motion for Summary Judgment on Plaintiff’s Claims Against Defendants and the Counterclaim of Officer Kennedy Against Plaintiff (Dkt. No. 34) filed August 1, 2014; upon consideration of Plaintiff’s Brief in Opposition to Defendants’ Motion for Summary Judgment (Dkt. 40) filed September 15, 2014; and upon consideration of Defendants City of Reading, Officer Wilfredo Ramirez, Officer Christopher Cortazzo, Officer Matt Niebel, and Officer James T. Kennedy’s Reply Brief in Support of Their Motion for Summary Judgment (Dkt. No. 47) filed October 6, 2014; and for the reasons expressed in the foregoing Memorandum, IT IS ORDERED that Defendants’ Motion for Summary Judgment on Plaintiff’s claims against Defendants is GRANTED. Judgment is entered for Defendants on Plaintiff’s claims. IT IS FURTHER ORDERED that Defendants’ Motion for Summary Judgment on the counterclaim of Officer Kennedy is GRANTED. Judgment is entered on the counterclaim in favor of Officer Kennedy in an amount to be determined at trial. BY THE COURT: /s/ Henry S. Perkin HENRY S. PERKIN, United States Magistrate Judge

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