Opinion
CIVIL ACTION NO. 09-6274 (JEI/JS)
05-30-2012
RODNEY DAWSON, Plaintiff, v. TOWNSHIP OF OCEAN, et al., Defendants.
MALLON & TRANGER By: Michael J. Fioretti, Esq. Thomas J. Mallon, Esq. Counsel for Plaintiff SCHWARTZ & POSNOCK, ESQS. By: David A. Schwartz, Esq. Counsel for Defendants
HONORABLE JOSEPH E. IRENAS
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
APPEARANCES:
MALLON & TRANGER
By: Michael J. Fioretti, Esq.
Thomas J. Mallon, Esq.
Counsel for Plaintiff
SCHWARTZ & POSNOCK, ESQS.
By: David A. Schwartz, Esq.
Counsel for Defendants
IRENAS , Senior District Judge:
This matter having appeared before the Court upon Defendants' Motion for Summary Judgment (Dkt. No. 38), the Court having considered the submissions of the parties, for the reasons set forth in an Opinion issued by this Court on even date herewith, and for good cause appearing;
IT IS on this 29th day of May, 2012,
ORDERED THAT:
1. Defendants' Motion for Summary Judgment is hereby GRANTED as to Plaintiff's state and federal constitutional claims for municipal liability, injunctive relief, false arrest/false imprisonment, malicious prosecution, and malicious abuse of process, and Plaintiff's state law claims for assault and battery, malicious prosecution, malicious abuse of process and false arrest/imprisonment.
2. Defendants' Motion is hereby DENIED as to Plaintiff's constitutional claims for excessive force, failure to intervene, and supervisory liability.
4. The Clerk of the Court is hereby directed to TERMINATE Township of Ocean and Antonio Amodio, Jr. as parties to this action.
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JOSEPH E. IRENAS, S.U.S.D.J.