COLE v. ENCAPERA et al

Filing 178

ORDER: Defendants California Borough (Borough), Terry Childs (Officer Childs), Casey Durdines (Mayor Durdines) and Rick Encapera's (Chief Encapera) motion for summary judgment 133 ; and Defendant Justin Shultzs (Officer Shultz) motion for summa ry judgment 136 is GRANTED IN PART AND DENIED IN PART as follows:(1) The Borough's motion for summary judgment is GRANTED in its entirety;(2) Mayor Durdines' motion for summary judgment is GRANTED in its entirety;(3) Chief Encapera's motion for summary judgment is DENIED as to Plaintiff's state law claim for tortious interference with business relationships and is GRANTED in all other respects;(4) Officer Childs' motion for summary judgment is DENIED in its entirety; and(5) Officer Shultz's motion for summary judgment is DENIED in its entirety. Signed by Magistrate Judge Cynthia Reed Eddy on 8/16/2017. (ajt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH
JASON COLE,
Plaintiff,
vs.
RICK ENCAPERA, TERRY CHILDS,
JUSTIN SHULTZ, CALIFORNIA
BOROUGH, CASEY DURDINES,
Defendants,

)
)
)
)
)
)
)
)
)
)
)

2:15-CV-00104-CRE

ORDER
AND NOW, this 16th day of August, 2017, it is HEREBY ORDERED that Defendants
California Borough (“Borough”), Terry Childs (“Officer Childs”), Casey Durdines (“Mayor
Durdines”) and Rick Encapera’s (“Chief Encapera”) motion for summary judgment [ECF No.
133]; and Defendant Justin Shultz’s (“Officer Shultz”) motion for summary judgment [ECF No.
136] is GRANTED IN PART AND DENIED IN PART as follows:
(1) The Borough’s motion for summary judgment is GRANTED in its entirety;
(2) Mayor Durdines’ motion for summary judgment is GRANTED in its entirety;
(3) Chief Encapera’s motion for summary judgment is DENIED as to Plaintiff’s state law
claim for tortious interference with business relationships and is GRANTED in all other
respects;
(4) Officer Childs’ motion for summary judgment is DENIED in its entirety; and
(5) Officer Shultz’s motion for summary judgment is DENIED in its entirety.

BY THE COURT:
s/Cynthia Reed Eddy
United States Magistrate Judge