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06-1460 - FRASER-HOWZE v. THE MONROE COUNTY BUREAU OF NARCOTICS INVESTIGATION OF THE OFFICE OF ATTORNEY GENERAL et al


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06-1460 - FRASER-HOWZE v. THE MONROE COUNTY BUREAU OF NARCOTICS INVESTIGATION OF THE OFFICE OF ATTORNEY GENERAL et al
March 21, 2008
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MEMORANDUM AND ORDER THAT THE MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: DEFENDANT'S MOTION IS GRANTED ON PLAINTIFF'S CLAIMS FOR VIOLATIONS OF WRIGHT'S FIFTH AND THIRTEENTH AMENDMENT RIGHTS; DEFENDANTS' MOTION IS GRANTED ON PLAINTIFF'S EXCESSIVE FORCE CLAIMS AGAINST AGENTS MUSCARELLO AND SCHWARTZ; DEFENDANT'S MOTION IS DENIED IN ALL OTHER RESPECTS. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/20/08. 3/21/08 ENTERED AND COPIES MAILED, E-MAILED.(mas, )
April 11, 2008
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MEMORANDUM THAT UPON REVIEW OF THIS COURT'S MARCH 20, 2008 DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, IT IS EVIDENT THAT PURSUANT TO FORBES V. TOWNSHIP OF LOWER MERION, A RECITATION OF THE FOLLOWING INFORMATION IS NECESSARY TO EXPLAIN THE DECISION TO DENY AGENT ASTER'S CLAIM FOR QUALIFIED IMMUNITY. FOR THE FOREGOING REASONS AS WELL AS THOSE PROVIDED IN THE MARCH 20, 2008 MEMORANDUM, DEFENDANT ASTER'S MOTION FOR SUMMARY JUDGMENT WAS DENIED WITH RESPECT TO QUALIFIED IMMUNITY. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 4/11/08. 4/11/08 ENTERED AND COPIES E-MAILED AND MAILED.(ky, )