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07-1522 - GEONNOTTI v. AMOROSO et al


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07-1522 - GEONNOTTI v. AMOROSO et al
March 13, 2008
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MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS AMOROSO AND KEDDIE'S MOTION IS GRANTED AS TO PLAINTIFF'S 14TH AMENDMENT, ASSAULT AND BATTERY AND OUTRAGEOUS CONDUCT CAUSING SEVERE EMOTIONAL DISTRESS CLAIMS. COUNTS 1 AND 4 ARE DISMISSED AND COUNT 9 IS DISMISSED IN PART, TO THE EXTENT IT IS BASED ON THE 14TH AMENDMENT. DEFENDANT KEDDIE'S MOTION IS GRANTED AS TO PLAINTIFF'S MALICIOUS PROSECUTION-BASED SECTION 1983 CLAIM AND PARALLEL STATE CLAIM. AS TO DEFENDANT KEDDIE ONLY, COUNT 3 IS DISMISSED AND COUNT 9 IS DISMISSED IN PART, TO THE EXTENT IT IS BASED ON MALICIOUS PROSECUTION. IN ALL OTHER RESPECTS, DEFENDANTS' MOTION IS DENIED.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/13/2008. 3/13/2008 ENTERED AND COPIES MAILED, E-MAILED.(ap, )