Doe v. Old Forge Borough et al
| Jane Doe, - |
| Old Forge Borough, Old Forge Police Department, Old Forge Fire Department, Lawrence A. Semenza, James Krenitsky and Walter Chiavacci |
| 3:2012cv02236 |
| November 9, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| Robert D. Mariani |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
463
ORDER denying 444 Motion for New Trial.Signed by Honorable Robert D. Mariani on 3/11/19 (jam)
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Filing
399
ORDER THAT the Motions are GRANTED IN PART AND DENIED IN PART as follows:1. Evidence of, and reference to, Defendants Semenza, Krenitsky, and Chiavacci's criminal nolle prossed charges are precluded. 2. Evidence of the criminal charges to which Krenitsky and Chiavacci pleaded guilty is not precluded. 3. Evidence of, and reference to, Defendants Krenitsky and Chiavacci's guilty pleas are not precluded. The admission of this evidence is limited to the facts and details specific to the c harges to which Krenitsky and Chiavacci pleaded guilty. 4. Evidence of, and reference to, Krenitsky's suspension and resignation from the Police Department are not precluded.5. Evidence of, and reference to, Semenza's acquittal, jury convic tions and the reversal of his convictions are precluded. 6. The Court defers ruling on the admissibility of evidence of, and reference to, Semenza's guilty plea to harassment. 7. Testimony offered at Semenza's criminal trial is excluded fro m the present trial. 8. This Court's ruling on the present motions that evidence of, and reference to, Defendants' nolle prossed charges and Semenza's acquittal and the reversal of his convictions will be precluded is subject to each o f the individual defendants opening the door with respect to that Defendant's nolle prossed charges and, in Semenza's case, his introduction of evidence of his acquittal and those convictions which were overturned. The Court's ruling i s also subject to the exception that if Semenza attempts to use any testimony from his criminal trial, this testimony may open the door to the presentation of evidence that Semenza stood trial for events relating toBurdyn, his acquittal on certain co unts, his conviction on the remaining counts, and evidence that his conviction was reversed on appeal.9. The Court notes that these rulings are all subject to revision upon the presentation of facts or arguments that present a basis for admission other than those advanced by the moving parties.Signed by Honorable Robert D. Mariani on 1/26/17. (jfg)
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Filing
212
ORDER THAT Defendant's Motion is GRANTED IN PART AND DENIED IN PART as follows:1. Defendant's Motion for Summary Judgment with respect to Count VII (Childhood Sexual Abuse and Vicarious Liability) is GRANTED. 2. Defendant's Motion for Summary Judgment with respect to Count VIII (Negligence), Count IX (Negligent Supervision), and Count XXII (Punitive Damages) is DENIED. 3.Count X(Premises Liability) of Plaintiffs Amended Complaint is consolidated with Count VIII of the Amended Complaint.Signed by Honorable Robert D. Mariani on 10/3/16. (jfg)
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Filing
178
ORDER THAT Defendants' motions are GRANTED; to wit: a. Count VI (19 U.S.C. §2255(a)) is DISMISSED WITH PREJUDICE. b. Defendant Semenza's motion to dismiss (Doc. 126) Counts XI (negligence), XIII (negligence per se), and XIX (negligent intliction of emotional distress) is GRANTED and these Counts are DISMISSED WITH PREJUDICE. c. Defendant Krenitsky's motion to dismiss (Doc. 128) Counts XII (negligence), XIV (negligence per se), and XX (negligent inmction of emotional distress) is GRANTED and these Counts are DISMISSED WITH PREJUDICE.Signed by Honorable Robert D. Mariani on 7/1/15. (jfg)
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