Mawson v. Pittston Police Department
District Court, M.D. Pennsylvania
1Opinion of the Court
MEMORANDUM
MALACHY E. MANNION, United States District Judge
Pending before the court is the report of Judge Schwab, (Doc. 90), which recommends that the Court deny the defendant, Officer DiSimone’s motion for summary judgment because material factual disputes remain. Based upon the court’s review of the record, the court will ADOPT in part and NOT ADOPT in part Judge Schwab’s Report and Recommendation, and therefore partially GRANT the defendant’s motion for summary judgment on qualified immunity grounds solely in relation to the defendant’s initial decision to stop the plaintiff.
I. PROCEDURAL…
2Cases cited45 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Terry v. OhioSupreme Court of the United States · 1968
- Pearson v. CallahanSupreme Court of the United States · 2009
- Florida v. RoyerSupreme Court of the United States · 1983
- United States v. MendenhallSupreme Court of the United States · 1980
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