Floyd v. Olshefski et al

Filing 47

ORDER 1. Defendants' motion to dismiss and for summary judgment, (Doc. 34), is GRANTED in part and DENIED in part. 2. Defendants' motion to dismiss Plaintiffs excessive force claim relating to the August 24, 2011 incident is DENIED. 3. Defe ndants' motion to dismiss Plaintiffs conspiracy claim isGRANTED. 4. Defendants' motion for summary judgment is DENIED without prejudice with the right to renew the motion at a later point in the process of this case. 5. Defendants shall answer the remaining claims in Plaintiffs amended complaint within thirty (30) days of the date of this Order.Signed by Honorable Robert D. Mariani on 3/26/15. (jfg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAVID FLOYD,
Plaintiff,

v.

3:13-cv-578
(Judge Mariani)

LT. OLSHEFSKI, et al.,
Defendants.

!

ORDER
AND NOW, this ~ay of March, 2015, in accordance with the Memorandum
issued this date, IT IS HEREBY ORDERED THAT:
1.

Defendants' motion to dismiss and for summary judgment, (Doc. 34),
is GRANTED in part and DENIED in part.

2.

Defendants' motion to dismiss Plaintiffs excessive force claim relating
to the August 24, 2011 incident is DENIED.

3.

Defendants' motion to dismiss Plaintiffs conspiracy claim is
GRANTED.

4.

Defendants' motion for summary judgment is DENIED without
prejudice with the right to renew the motion at a later point in the
process of this case.

5.

Defendants shall answer the remaining claims in Plaintiffs amended
complaint within thirty (30) days of the date of this Order.

obert D. Mariani
United States District Judge

I

I

t

l