Branning v. Wayne County et al

Filing 31

ORDER: IT IS HEREBY ORDERED THAT: 1. Defendants' Objections (Doc. 25, 26) are SUSTAINED. 2. The R & R is ADOPTED IN PART AND OVERRULED IN PART: Defendants' Motion for Summary Judgment (Doc. 14) is GRANTED IN PART AND DENIED IN PART as f ollows: a. Defendants' motion for summary judgment on Count II of Plaintiff's Amended Complaint is GRANTED. b. Defendants' motion for summary judgment on Count IV of Plaintiff's Amended Complaint is GRANTED. c. Defendants Vicky Botjer, Skip Martin, Brian Smith, Jonathan Fritz, and Wendell Kay are DISMISSED from Count I and Count V in their official capacities only. d. Defendants' motion for summary judgment is DENIED in all other respects. 4. A telephone conference to schedule the above-captioned matter for trial on Counts I, III and V shall be held on Wednesday, 9/20/2017 03:30 PM. Signed by Honorable Robert D. Mariani on 9/7/17. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TROY BRANNING,
Plaintiff,

v.

3:15-CV-1936
(JUDGE MARIANI)

WAYNE COUNTY, et al.,
Defendants.
ORDER
AND NOW, THIS

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DAY OF SEPTEMBER, 2017, upon de novo review of

Magistrate Judge Carlson's Report and Recommendation (''R&R") (Doc. 24), IT IS HEREBY
ORDERED THAT:
1. Defendants' Objections (Doc. 25, 26) are SUSTAINED.
2. The R&R (Doc. 24) is ADOPTED IN PART AND OVERRULED IN PART;

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specifically, Defendants' Motion for Summary Judgment (Doc. 14) is GRANTED IN
PART AND DENIED IN PART as follows:
a. Defendants' motion for summary judgment on Count II of Plaintiff's Amended
Complaint is GRANTED for the reasons set forth in Magistrate Judge
Carlson's R&R.
b. Defendants' motion for summary judgment on Count IV of Plaintiff's
Amended Complaint is GRANTED for the reasons set forth in the
accompanying memorandum opinion.

c. Defendants Vicky Botjer, Skip Martin, Brian Smith, Jonathan Fritz, and
Wendell Kay are DISMISSED from Count I and Count V in their official
capacities only.
d. Defendants' motion for summary judgment is DENIED in all other respects
for the reasons set forth in Magistrate Judge Carlson's R&R.
3. A telephone conference to schedule the above-captioned matter for trial on Counts

I, Ill, and V shall be held on Wednesday, September 20, 2017, at 3:30 p.m.

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