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15-4902 - JAGLOWICZ v. BETHEL TOWNSHIP et al


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15-4902 - JAGLOWICZ v. BETHEL TOWNSHIP et al
April 14, 2016
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MEMORANDUM OPINION SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 4/14/16. 4/14/16 ENTERED AND COPIES E-MAILED. (va, )
April 14, 2016
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ORDER THAT THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS PURSUANT TO F.R.C.P. 56 (DOCUMENT NO. 22) IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED AS FOLLOWS: TO THE EXTENT THE MOTION SEEKS JUDGMENT IN THE DEFENDANTS FAVOR ON THE CLAIMS FOR BREACH OF CONTRACT, FAILURE TO CREATE A POLICE PENSION IN VIOLATION OF THE MUNICIPAL POLICE PENSION LAW, AND A CLAIM UNDER THE FIFTH AMENDMENT, IT IS GRANTED. TO THE EXTENT THE MOTION SEEKS SUMMARY JUDGMENT ON THE CLAIMS UNDER THE POLICE TENURE ACT AND THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT, IT IS DENIED. TO THE EXTENT THE MOTION SEEKS QUALIFIED IMMUNITY FOR THE INDIVIDUAL DEFENDANTS, TOM WORRILOW, JOHN CAMERO, III, ED MILES, MILES DAVEY, JEAN STOYER AND TODD APPLE, IT IS GRANTED. JUDGMENT WILL BE ENTERED ACCORDINGLY AT THE CONCLUSION OF THIS CASE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 4/14/16. 4/14/16 ENTERED AND COPIES E-MAILED. (va, )