Opinion
Civil Action 22-1695
02-01-2024
CHRISTINA DONAHUE, AS ADMINISTRATRIX OF THE ESTATE OF ANGEL MCINTYRE, DECEASED; MATTHEW MUNAFO; KRISTYANNA DELLAVECCHIA, Plaintiffs, v. BOROUGH OF COLLINGDALE; BOROUGH OF DARBY; DANTE LYNCH; JAKE LYONS, COLIN RICHERS, Defendants,
ORDER RE: SUMMARY JUDGMENT
MICHAEL M. BAYLSON, U.S.D.J.
AND NOW, this 1st day of February, 2024, this Court, having reviewing Defendants' Motions for Summary Judgment (ECF 66; ECF 68), Plaintiffs' Responses (ECF 71; 84); Defendants' Replies (ECF 101; ECF 102), the submitted exhibits attached thereto, and holding oral argument with all counsel present on the matter, GRANTS in part and DENIES in part Defendants' Motions:
1. Count I (officer liability for constitutional violations): Defendants' request for summary judgment against all Plaintiffs is GRANTED.
2. Count II (Monell liability for constitutional violations): Defendants' request for summary judgment is DENIED with respect to Plaintiffs Munafo and the Adminstratrix of McIntyre. Defendants' request for summary judgment is GRANTED as to Plaintiff Dellavecchia.
3. Counts VII and VIII (statutory vehicles for McIntyre's estate to bring claims on her behalf): Defendants request for summary judgment is DENIED.
4. Defendant Jake Lyons' request for summary judgment on Counts III, IV, V, VI, IX, and X is GRANTED.
5. All state law claims against remaining Defendants, Counts III, IV, V, VI, IX, and X are BIFURCATED from Count II for trial. This Court defers ruling on Defendants' requests for summary judgment pending resolution of Count II at trial.