![]() ![]() On March 24, 2009, the court granted summary judgment with respect to count III (Docket No. ![]() ยง 1983 (count I) for deprivation of liberty without due process of law, malicious prosecution, and denial of the right to a fair trial, (2) under state law for malicious prosecution (count II), and (3) for professional negligence (count III) against Sanford A. Whitley in the complaint filed in this case alleged defendants violated his civil rights and asserted claims against defendants (1) under 42 U.S.C. Fitzgerald ("Fitzgerald"), Robert Lazarro ("Lazarro"), Herb Foote ("Foote"), Lee Torbin ("Torbin"), and John Markle ("Markle," together with Payne, Fitzgerald, Lazarro, Foote, and Torbin, "individual defendants," and individual defendants together with Allegheny County, "defendants"), seeking summary judgment in their favor with respect to all the claims asserted by Drew Whitley ("Whitley" or "plaintiff"). 67) filed by defendants Allegheny County, Robert Payne ("Payne"), Thomas M. Pending before this court is a motion for summary judgment (Docket No. ![]()
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