Keller v. City of Scranton et al
| David Keller |
| City of Scranton and Mark Seitzinger |
| 3:2009cv02534 |
| December 24, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| A. Richard Caputo |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
66
MEMORANDUM and OPINION - For the foregoing reasons, Defendants' Motion for Summary Judgment (Doc. 58) will be granted. The punitive damages claims against Defendants Mitchell and Seitzinger will be dismissed. Assuming that Defendants' failu re to provide actual notice to Plaintiff of the pending demolition of his commercial property was a violation of his procedural due process rights, the Court will grant qualified immunity to Defendants Mitchell and Seitzinger because f the law was in suffiCiently clear to alert them that they were required to check the publicly available records to search for intervening changes in ownership interests due to tax sales and send asecond notice of demolition to those with newly-acquired ownership interests. A separate Order follows.Signed by Honorable Robert D. Mariani on 4/17/13. (jfg)
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Filing
25
MEMORANDUM AND ORDER granting in part and denying in part 13 Motion to Dismiss. IT IS HEREBY ORDERED that Defendants the City of Scranton, Mark Seitzinger, and Michael Mitchells Motion to Dismiss (Doc. 13) will be GRANTED IN PART and DENIED IN PAR T as follows:(1)As to Plaintiffs claims for violations of his substantive due process rights, the motion is GRANTED.(2) As to Plaintiffs claims against the City of Scranton, the motion is GRANTED.(3)As to Plaintiffs claims for punitive damages against Defendants Mark Seitzinger and Michael Mitchell, in their official capacities, the motion is GRANTED.(4)As to the remainder, the motion is DENIED. Signed by Honorable A. Richard Caputo on 5/24/10 (jam, )
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