Legal Opinion

Kokinda v. Breiner

District Court, M.D. Pennsylvania

Decided May 6, 2008No. Civil Action 3:07-CV-1861PublishedCited by 40 opinions

1Opinion of the Court

MEMORANDUM

A. RICHARD CAPUTO, District Judge.

Presently before the Court are two (2) Motions to Dismiss Plaintiff Paul Kokin-da’s Amended Complaint (Doc. 7), filed by Defendants Nesquehoning Borough and Officer Carl Breiner (Doc. 8) and by Defendants Officer Jeffrey Ohl and Borough of Lansford (Doc. 10). Because Plaintiff has withdrawn his “failure to intervene” claim in Count III; because he stated a claim for excessive force in violation of the Fourth Amendment against the individual and municipal defendants, as well as state law claims for assault, battery, and intentional infliction of…

2Cases cited44 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Terry v. OhioSupreme Court of the United States · 1968
  5. Graham v. ConnorSupreme Court of the United States · 1989

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3Cited by40 opinions

  1. Basile v. Township of SmithDistrict Court, W.D. Pennsylvania · 2010
  2. Clifton v. Borough of EddystoneDistrict Court, E.D. Pennsylvania · 2011
  3. Crouse v. South Lebanon TownshipDistrict Court, M.D. Pennsylvania · 2009
  4. Fisher v. MatthewsDistrict Court, M.D. Pennsylvania · 2011
  5. Ickes v. GrassmeyerDistrict Court, W.D. Pennsylvania · 2014

35 more not listed; retrieve them via the Exa API.

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