Watley v. Felsman

Filing 48

ORDER (memorandum filed previously as separate docket entry). (1) Plaintiff Joseph Watleys Motion for Partial Summary Judgment is GRANTED in part and DENIED in part.(A) Plaintiffs Motion for Partial Summary Judgment is GRANTED as to liability for the seizure of Watley on May 12, 2016 (Count I of the Third Amended Complaint, in part).(B) Plaintiffs Motion for Partial Summary Judgment is DENIED in all other respects.(2) Defendants Michael Felsman, Daniel Nilon, and James Sohns Motion for Summary J udgment is GRANTED in part and DENIED in part.(A) Defendants Motion for Summary Judgment is GRANTED as to Watleys claims relating to the seizure and search of Watleys person by Trooper Felsman on May 11, 2016 (Count I, in part); excessive force as to the events of May 11, 2016 (Count II, in part); First Amendment retaliation (Count III); assault and battery during the events of May 11, 2016 (Count IV, in part); false arrest/false imprisonment (Count V), malicious prosecution (Count VI), abuseof process (Count VII); and the seizure and search of Watleys person by Trooper Nilon on May 11, 2016 (Count VIII).(B) Defendants Motion for Summary Judgment is DENIED in all other respects.Signed by Honorable A. Richard Caputo on 3/29/18. (dw)

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