Legal Opinion

Stewart v. Moll

District Court, E.D. Pennsylvania

Decided May 11, 2010No. Civil Action 07-1085PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

MITCHELL S. GOLDBERG, District Judge.

This case stems from the shooting death of James Stewart, who was killed after resisting Allentown Police Officers’ attempts to take him into custody. Current ly before the Court is Defendants’ Motion for Summary Judgment, which seeks the dismissal of Plaintiffs’ § 1983 and state law claims brought against the City of Allentown and two individual police officers. Because we find that genuine issues of material fact remain as to whether the shooting officer, Jeremy Moll, used excessive force, Defendants’ motion to dismiss that particular §…

2Cases cited34 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  5. Graham v. ConnorSupreme Court of the United States · 1989

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3Cited by6 opinions

  1. Sullivan v. Warminster TownshipDistrict Court, E.D. Pennsylvania · 2011
  2. Barnhardt v. District of ColumbiaDistrict Court, District of Columbia · 2010
  3. Ickes v. Borough of BedfordDistrict Court, W.D. Pennsylvania · 2011
  4. Barnhardt v. District of ColumbiaDistrict Court, District of Columbia · 2010
  5. DIXON v. SCHWEIZERDistrict Court, E.D. Pennsylvania · 2020

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