Opinion
Civil Action 20-1815
01-10-2022
MATTHEW GRAB, Plaintiff, v. COLUMBIA BOROUGH d/b/a COLUMBIA POLICE DEPARTMENT; SCOTT LAPP, in his individual capacity as a Parole Agent with Pennsylvania Board of Probation &Parole; BRENT KEYSER, in his official &individual capacity as an Officer with Columbia Police Department; and JAMES JACOBS, in his official &individual capacity as a Sergeant with Columbia Police Department, Defendants.
ORDER
EDWARD G. SMITH, J.
AND NOW, this 10th day of January, 2022, after considering the defendant's motion for summary judgment (Doc. No. 51), the plaintiff's response in opposition to the motion (Doc. No. 59), and the defendant's reply in support (Doc. No. 60); and for the reasons set forth in the separately-filed memorandum opinion, it is hereby ORDERED as follows:
1. The defendant's motion for summary judgment (Doc. No. 51) is GRANTED as to the excessive force claims against the defendant in count I of the plaintiff's amended complaint, and judgment is ENTERED in favor of the defendant and against the plaintiff on count I of the amended complaint;
2. The plaintiff's claims for the refusal to provide immediate medical care in violation of the 8th Amendment and the Monell claim pursuant to 42 U.S.C. § 1983, contained in counts II and III of the amended complaint, are DISMISSED WITH PREJUDICE;
The plaintiff withdrew both claims in his response in opposition to the defendant's motion for summary judgment. See Doc. No. 59-1 at 10.
3. The plaintiff's state law claims for assault and battery against the defendant in count IV of the amended complaint are DISMISSED WITHOUT PREJDUICE; and
4. The clerk of court shall mark this case as CLOSED.