Eberhardinger v. City of York et al

Filing 88

ORDER (Memorandum 87 filed previously as separate docket entry) - It is hereby ORDERED that: 1. MSJ 58 by City & Officer Smith granted in part & denied in part - a. Sum jdgmt GRANTED in City's favoras to Monell failure-to-train claim (Ct II) , b. Sum jdgmt DENIED as to 4th Amend excessive force claim against Officer Smith (Ct I).; 2; State Farm's MSJ 60 GRANTED in its entirety.; 3. Clrk of Ct shall enter jdgmt in State Farm's favor & against pltf on all claims. Clrk of Ct shall enter jdgmt in City's favor & against pltf on Ct II.; 4. State Farm's MTD 51 DISMISSED as MOOT. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/17/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERIKA EBERHARDINGER,
Plaintiff
v.
CITY OF YORK, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-2481
(Chief Judge Conner)

ORDER
AND NOW, this 17th day of September, 2018, upon consideration of the
motions (Docs. 58, 60) for summary judgment filed by defendants the City of York
(“the City”), Officer Benjamin Smith (“Officer Smith”), and State Farm Mutual
Automobile Insurance Company and its related entities (“State Farm”), 1 and for the
reasons stated in the accompanying memorandum, it is hereby ORDERED that:
1.

The motion (Doc. 58) for summary judgment by the City and Officer
Smith is GRANTED in part and DENIED in part, as follows:
a.
b.

2.

1

Summary judgment is GRANTED in the City’s favor as to the
Monell failure-to-train claim (Count II).
Summary judgment is DENIED as to the Fourth Amendment
excessive force claim against Officer Smith (Count I).

State Farm’s motion (Doc. 60) for summary judgment is GRANTED in
its entirety.

The amended complaint additionally names State Farm Fire & Casualty
Company, State Farm Companies, State Farm, and State Farm Insurance. (Doc. 50
¶¶ 12-18).

3.

The Clerk of Court shall enter judgment in State Farm’s favor and
against Eberhardinger on all claims. The Clerk of Court shall also
enter judgment in the City’s favor and against Eberhardinger on Count
II.

4.

State Farm’s motion (Doc. 51) to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(6) is DISMISSED as moot.

/S/ Christopher C. Conner
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania