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15-5609 - RIVERA v. (CHESTER COUNTY) MUNICIPLE et al


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15-5609 - RIVERA v. (CHESTER COUNTY) MUNICIPLE et al
September 19, 2016
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 9/19/16. 9/20/16 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd)
September 19, 2016
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ORDER THAT PLAINTIFF'S COMPLAINT SHALL BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED. PLAINTIFF HAS THIRTY (30) DAYS FROM THE DATE OF THIS ORDER IN WHICH TO FILE AN AMENDED COMPLAINT. PLAINTIFF'ERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd);S FAILURE TO DO SO MAY RESULT IN THE DISMISSAL OF THIS ACTION WITH PREJUDICE. IT IS FURTHER ORDERED THAT DEFENDANTS RIGGINS, TEARY, NURSE LISA AND EAST VINCENT TOWNSHIP POLICE DEPARTMENT, HAVING FAILED TO FILE EITHER AN ANSWER OR A MOTION TO DISMISS THE ORIGINAL COMPLAINT SHOULD BE PREPARED TO TIMELY RESPOND TO THE AMENDED COMPLAINT. THE FOLLOWING MOTIONS TO DISMISS FILED BY DEFENDANTS ARE DENIED AS MOOT DOC. NO. 64, 64, AND 81. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 9/19/16. 9/20/16 ENT
March 28, 2017
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 3/28/17. 3/28/17 ENTERED AND COPIES E-MAILED. (jpd)
March 28, 2017
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(20) DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 3/28/17. 3/28/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd)ORDER THAT THE CHESTER COUNTY DEFENDANTS MOTION IS DENIED AS TO PLAINTIFF'S CLAIMS OF EXCESSIVE FORCE AGAINST CPL. MARCONI, CO DANIELS, SGT. YANICK, CPL. WHITESELL, CO. MOORE AND CPL. GARCIA, AM. COMPL. 20, 22-24, 41-44 AND AS TO PLAINTIFF'S CLAIMS OF FAILURE TO PROTECT AGAINST CO MOORE AND CPL. GARCIA, AM COMPL 45-46 BUT GRANTED AS TO ALL OTHER CLAIMS AGAINST THE CHESTER COUNTY DEFENDANTS. THE MEDICAL DEFENDANTS MOTION TO DISMISS IS GRANTED. NEW GARDEN TWP., PD AND OFFICER MATTHEW JONSES' MOTION IS DENIED AS TO PLAINTIFF'S CLAIM IF EXCESSIVE FORCE AGAINST OFFICER JONES, AM COMPL2, BUT GRANTED AS TI ALL CLIAMS AGAINST NEW GARDEN TWP., PD. EAST VINCENT TWP.,PD AND CHIEF MATTHEW WILLIAMS' MMOTION IS DENIED AS TO PLAINTIFF'S CLAIM OF EXCESSIVE FORCE AGAINST CHIEF WILLIAMS, AM COMPL 3 BUT GRANTED AS TO ALL CLIAMS AGAINST EAST VINCENT TWP., PD. THE REMAINING DEFENDANTS SHALL FILE AN ANSWER TO THE REMAINING COUNTS OF PLAINTIFF'S AMENDED COMPLA WITHIN TWENTY