Opinion
CIVIL ACTION NO. 12-6762
06-20-2014
D.M. (Mother) and D.M. (Father), individually and on behalf of J.M. and D.P., Plaintiffs, v. COUNTY OF BERKS, et al., Defendants
ORDER RE MOTIONS FOR SUMMARY JUDGMENT
AND NOW, this 20th day of June, 2014, following briefing and oral argument, Plaintiffs' Motion for Partial Summary Judgment (ECF 68) is DENIED, and Defendants' Motion for Summary Judgment (ECF 70) is GRANTED in part and DENIED in part, for reasons to be set forth in the accompanying Memorandum.
Defendants' Motion for Summary Judgment is GRANTED on the following claims against the enumerated defendants:
1. All claims against Wendy Seidel, Brian Jakubek, Jennifer Grimes, and Jennifer McCollum.
2. Plaintiffs' Fourth and Fourteenth Amendment claims against George Kovarie and Brandy Neider.
3. Plaintiffs' Fourth Amendment claims against Timonthy Siminksi.
Defendants' Motion for Summary Judgment is DENIED on to the following claims against the enumerated defendants:
1. Plaintiffs' procedural due process claims against Clinton, High, Siminksi, and the County of Berks.
2. Plaintiffs' substantive due process claims against Clinton, High, Siminksi, and the County of Berks.
3. Plaintiffs' First Amendment claims against Clinton, High, Siminksi, Kovarie, Neider, and the County of Berks.
4. Plaintiffs' Fourth Amendment claims for illegal seizure against Clinton, High, Siminski, and the County of Berks.
5. Plaintiffs' Fourth Amendment claim for illegal entry against Clinton.
BY THE COURT:
__________
Michael M. Baylson, U.S.D.J.