Breslin et al v. Dickinson Township et al

Filing 314

ORDER re Motions for summary judgment 195 and 201 , the plaintiffs' responses thereto 211 212 213 214 , and after review of the Report and Recommendation - It is ORDERED that: 1)Defendant Jones' objections are OVERRULED; 2)The pla intiffs' objections are OVERRULED; 3)The Report and Recommendation is APPROVED and ADOPTED; 4)The motions for summary judgment is GRANTED in part, and DENIED in part. See Order for further details. Signed by Honorable Lawrence F. Stengel on 2/21/13. (aaa)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHARLES BRESLIN, et al.,
Plaintiffs
vs.
DICKINSON TOWNSHIP, et al.,
Defendants

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CIVIL ACTION

NO. 1:09-cv-1396

ORDER
AND NOW, this

21st

day of February 2013, upon careful and independent

review of the defendants’ motions for summary judgment (Documents #195 and #201),
the plaintiffs’ responses thereto (Documents #211, #212, #213, and #214); and after
review of the thorough and well-reasoned Report & Recommendation of the Honorable
Martin C. Carlson, United States Magistrate Judge, and a de novo review of those
portions of the Report & Recommendation to which objections have been filed, it is
hereby ORDERED that:
1.

Defendant Jones’ objections are OVERRULED;

2.

The plaintiffs’ objections are OVERRULED;

3.

The Report & Recommendation is APPROVED and ADOPTED;

4.

The motions for summary judgment is GRANTED in part, and DENIED in

part, as follows:
(a)

Summary Judgment is GRANTED on the following claims:
(i)

all claims made by Plaintiff Paul Cunningham;

(ii)

all substantive First Amendment claims, except for the
plaintiffs’ claims arising out of the actions of Defendant
Jones on December 8, 2008; and,

(iii)

(b)

all First Amendment retaliation claims relating to the
processing of state Right-to-Know law requests by the
defendants.

Summary Judgment is DENIED as to any substantive First

Amendment or First Amendment retaliation claims relating specifically to Defendant
Jones’ actions on December 8, 2008.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

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