Regassa v. Brininger et al

Filing 112

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ADMASSU REGASSA, Plaintiff v. C. BRININGER, ET AL., Defendants : : : : : : : : : CIVIL NO. 4:CV-14-1122 (Judge Brann) ORDER December 20, 2016 In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT: 1. Defendants’ dispositive motion is construed as solely seeking entry of summary judgment with respect to the Bivens portion of the Amended Complaint.. 2. The Defendants’ motion for summary judgment (Doc. 46) is PARTIALLY GRANTED. 3. Entry of summary judgment will be granted in favor of the individual Defendants with respect to the Bivens 1 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. 4. 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 restraints. 5. The parties shall conclude discovery within ninety (90) days of the date of this Order. 6. 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 2

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