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05-352 - TWILLIE v. FOULK


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05-352 - TWILLIE v. FOULK
January 29, 2008
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REPORT AND RECOMMENDATION that 47 MOTION for Summary Judgment Relative to Plaintiff's Second Amended Complaint filed by BRADLEY H. FOULK, be granted; and 49 MOTION for Summary Judgment filed by ERIE POLICE DEPARTMENT, STEVE FRANKLIN, THOMAS NELSON, be granted. Objections to R&R due by 2/15/2008. Signed by Judge Susan Paradise Baxter on 1/29/08. (lrw)
March 4, 2008
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MEMORANDUM OPINION adopting in part and rejecting in part 60 REPORT AND RECOMMENDATION re 47 MOTION for Summary Judgment Relative to Plaintiff's Second Amended Complaint filed by BRADLEY H. FOULK and 49 MOTION for Summary Judgment filed by ERIE POLICE DEPARTMENT, STEVE FRANKLIN, THOMAS NELSON. The Report and Recommendation is adopted as the opinion of this court with respect to the claims brought by Plaintiff against Defendants Foulk and Franklin in their entirety, as well as with respect to Plaintiff's claim that Defendant Nelson allegedly violated Plaintiff's due process rights by falsely claiming that Plaintiff confessed to committing rape, thus preventing a full range of rape testing from being conducted and denying Plaintiff the opportunity to present competent proof in his defense. The Report and Recommendation is rejected with respect to Plaintiff's claim that Defendant Nelson was involved in the destruction of DNA evidence and this matter is recommitted to Magistrate Judge Baxter for further consideration of this claim consistent with this Memorandum Opinion. Signed by Judge Maurice B. Cohill on 3/4/2008. (sjs)
March 4, 2008
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ORDER adopting in part and rejecting in part 60 Report and Recommendations as follows: the Motion for Summary Judgment (Docket 47) filed by Defendant Foulk is GRANTED; the Motion for Summary Judgment filed by Defendants Franklin and Erie Police Department (Docket 49) is GRANTED; the Motion for Summary Judgment filed by Defendant Nelson (Docket 49) is GRANTED only with respect to the claim that Defendant Nelson violated Plaintiff's due process rights by falsely claiming that Plaintiff confessed to committing rape; the Motion for Summary Judgment (Docket 49) with respect to Plaintiff's claim that Defendant Nelson was involved in destruction of DNA evidence is recommitted to Magistrate Judge Baxter for further consideration of this claim consistent with the Court's Memorandum Opinion. Signed by Judge Maurice B. Cohill on 3/4/2008. (sjs)