Abney v. Younker et al

Filing 256

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED THAT: Judge Carlsons report and recommendation (Doc. 251) is ADOPTED IN ITS ENTIRETY and Plaintiffs objections to the report and recommendation (Doc. 252) are OVERRULED. Pla intiffs motion for summary judgment (Doc. 219) is DENIED. Defendants motion for summary judgment (Doc. 227) is GRANTED IN PART AND DENIED IN PART. A status conference is scheduled for February 27, 2020 at 11:00 a.m. to discuss future proceedings in t his case. The conference will be by telephone. Counsel for Plaintiff shall initiate the call by calling chambers at [phone] after all parties are on the line. See order for further details. Signed by Honorable Jennifer P. Wilson on 1/30/2020. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CLARENCE ABNEY,

:
:
Plaintiff,
:
:
v.
:
:
SERGEANT CALEB YOUNKER, et al., :
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Defendants.
:

Civil No. 1:13-CV-01418

Judge Jennifer P. Wilson

Magistrate Judge Martin C. Carlson

ORDER
For the reasons stated in the accompanying memorandum, IT IS
ORDERED AS FOLLOWS:
1. Judge Carlson’s report and recommendation (Doc. 251) is ADOPTED IN
ITS ENTIRETY and Plaintiff’s objections to the report and
recommendation (Doc. 252) are OVERRULED.
2. Plaintiff’s motion for summary judgment (Doc. 219) is DENIED.
3. Defendants’ motion for summary judgment (Doc. 227) is GRANTED IN
PART AND DENIED IN PART.
4. Defendants Booher, Huber, Wertz, and Maxwell are granted summary
judgment as to Counts IV, VIII, and IX of Plaintiff’s complaint. Summary
judgment is denied in all other respects.
5. A status conference is scheduled for February 27, 2020 at 11:00 a.m. to
discuss future proceedings in this case. The conference will be by

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telephone. Counsel for Plaintiff shall initiate the call by calling chambers at
[phone] after all parties are on the line.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Court Judge
Middle District of Pennsylvania
Dated: January 30, 2020

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