NYKIEL v. BOROUGH OF SHARPSBURG et al, No. 2:2008cv00813 - Document 171 (W.D. Pa. 2011)

Court Description: MEMORANDUM and ORDER granting in part and denying in part 155 Joint Motion for Summary Judgment; Defendants Borough of Sharpsburg Police Department and Borough of Etna Police Department are not legal entities separate from the Boroughs and are not subject to suit; These defendants are dismissed with prejudice from this action; Summary Judgment is DENIED as to plaintiff's Section 1983 claims for excessive force in Count I against defendants Duffy, Mitchell and Rudzki, in their individual c apacities; Summary Judgment is DENIED as to plaintiff's request for punitive damages against defendants Duffy, Mitchell and Rudzki; Summary Judgment is GRANTED in all other aspects, as stated more fully in the order. Signed by Chief Judge Gary L. Lancaster on 3/8/11. (map)