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KOKINDA v. BREINER

Civil Action No. 3:07-CV-1861.

557 F.Supp.2d 581 (2008)

Paul KOKINDA, Plaintiff, v. Police Officer Carl BREINER, Police Officer Jeffrey Ohl, Borough of Lansford, and Borough of Nesquehoning, Defendants.

United States District Court, M.D. Pennsylvania.

May 6, 2008.

Attorney(s) appearing for the Case

David L. Deratzian, Hahalis & Kounoupis, P.C., Bethlehem, PA, for Plaintiff.

Andrew J. Bellwoar, Siana, Bellwoar & McAndrew LLP, Chester Springs, PA, John P. Gonzales, Marshall, Dennehey, Warner, Coleman & Goggin, King of Prussia, PA, for Defendants.

MEMORANDUM

A. RICHARD CAPUTO, District Judge.

Presently before the Court are two (2) Motions to Dismiss Plaintiff Paul Kokinda's Amended Complaint (Doc. 7), filed by Defendants Nesquehoning Borough and Officer Carl Breiner (Doc. 8) and by Defendants Officer Jeffrey Ohl and Borough of Lansford (Doc. 10). Because Plaintiff has withdrawn his "failure to intervene" claim in Count III; because he stated a claim for excessive force in violation of the Fourth...

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