Yelland v. Abington Heights School District et al

Filing 96

ORDER (memorandum filed previously as separate docket entry), the defendants motion for summary judgment, (Doc. 74), is DENIED. (See order for details).Signed by Honorable Malachy E Mannion on 7/2/18. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM H. YELLAND,

:

Plaintiff

:
:

v.
ABINGTON HEIGHTS SCHOOL
DISTRICT, et al.,

CIVIL ACTION NO. 3:16-2080
(JUDGE MANNION)

:
:

Defendants
ORDER
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT, the defendants’ motion for summary judgment, (Doc. 74),
is DENIED with respect the plaintiff’s 14th Amendment pre-deprivation
procedural due process claim contained in Count I of his complaint against
AHSD and, against Mahon, Elia and Antonetti in their individual capacity. The
defendants’ motion is also DENIED with respect to the plaintiff’s claim for
punitive damages against Mahon, Elia and Antonetti in their individual
capacity. Additionally, the defendants’ motion for summary judgment is
DENIED with respect to the plaintiff’s state law malicious prosecution claim
contained in Count III against Mahon, Elia and Antonetti, in their individual
capacity.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: July 2, 2018
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-2080-06-ORDER.wpd