Regassa v. Brininger et al
ORDER (memorandum filed previously as separate docket entry): dfts' dispositive motion is construed as solely seeking entry of summary jugment within respect to the Bivens portion of the amended complaint; dfts motion (doc 49) is partially grant ed; entry of summary judgment will be granted in favor of the individual defendants with respect to the Bivens portion of the amended complaint. (see order for further/complete details and deadlines)Signed by Honorable Matthew W. Brann on 12/20/16. (lg)
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
C. BRININGER, ET AL.,
CIVIL NO. 4:CV-14-1122
December 20, 2016
In accordance with the accompanying Memorandum, IT IS HEREBY
Defendants’ dispositive motion is construed as solely
seeking entry of summary judgment with respect to the
Bivens portion of the Amended Complaint..
The Defendants’ motion for summary judgment (Doc.
46) is PARTIALLY GRANTED.
Entry of summary judgment will be granted in favor of
the individual Defendants with respect to the Bivens
portion of the amended complaint with the exception of
the claims that Plaintiff was subjected to excessive force
on July 8,2016. by Defendants Brininger, Kranzel,
Bubendorf, Wise, Kline, and Kulp.
Surviving before this Court are Plaintiff’s Bivens claims
that he was subjected to the use of excessive force on
July 8, 2013; his related FTCA allegations of assault and
battery; and the FTCA claims of negligence and assault
pertaining to Regassa’s placement in ambulatory
The parties shall conclude discovery within ninety (90)
days of the date of this Order.
Any additional dispositive motions may be submitted
within thirty (30) days of the close of discovery.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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