Blyden v. Fleming et al

Filing 32

ORDER denying 19 Motion for Protective Order; denying 21 Motion for Summary Judgment; granting in part and denying in part 23 Motion for Summary Judgment; This matter will be set for trial by separate order. Signed by Judge Norman K. Moon on 2/7/2017. (tvt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DARYL E. BLYDEN, Plaintiff, v. HAROLD CLARKE, et al., Defendants. ) ) ) ) ) ) ) Civil Action No. 7:16cv00201 ORDER By: Norman K. Moon United States District Judge In accordance with the memorandum opinion entered this day, it is hereby ORDERED that defendants’ motion for summary judgment (Docket No. 23) is GRANTED in part as to Blyden’s claims against defendants Clarke, Robinson, Jabe, Fleming, and Combs, and DENIED in part as to Blyden’s excessive force claim against defendant Gunter; defendants’ motion for a protective order (Docket No. 19) is DENIED; and Blyden’s motion for summary judgment (Docket No. 21) is DENIED. The Clerk shall TERMINATE Clarke, Robinson, Jabe, Fleming, and Combs as defendants to this action. This matter will be set for trial by separate order. The Clerk is directed to send copies of this order and the accompanying memorandum opinion to the parties. 7th ENTER: This ____ day of February, 2017.

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