Samuels et al v. Pocono Mountain Regional Police Department et al
Kamar Samuels and Mozella McClendon-Samuels |
Pocono Mountain Regional Police Department, Tobyhanna Township, Mount Pocono Borough, Tunkhannock Township, Coolbaugh Township, Robert Miller, Harry Lewis and David Schmidt |
3:2013cv02922 |
December 4, 2013 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
Monroe |
A. Richard Caputo |
Martin C. Carlson |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 66 ORDER ADOPTING 65 Report and Recommendations. This case placed on the AUGUST 2016 trial list of this Court.Signed by Honorable A. Richard Caputo on 5/16/16. (jam) |
Filing 62 ORDER (memorandum filed previously as separate docket entry); Magistrate Judge Carlson's Report and Recommendation (Doc. 54) is ADOPTED. Plaintiff's motion for partial summary judgment (Doc. 36) is DENIED. Defendants' motion for summary judgment (Doc. 38) is DENIED. Matter RECOMMITTED to Magistrate Judge Carlton for further proceedings. Signed by Honorable A. Richard Caputo on 3/29/16. (jam) |
Filing 17 ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that the Report & Recommendation (Doc. 11) is ADOPTED as follows:(1)Defendants motions to dismiss (Docs. 7 and 8) are GRANTED in part and DENIED in part as follows: (a)Defendants moti ons to dismiss Plaintiffs claim for malicious prosecution (Count I) are GRANTED and this claim is DISMISSED with prejudice. As Officer Schmidt is named in Count I only, he is DISMISSED as a Defendant. (b)Defendants motions to dismiss Plaintiffs cla im for punitive damages against the Municipalities are GRANTED and this claim is DISMISSED with prejudice.(c) In all other respects, Defendants motions to dismiss are DENIED. The parties are instructed to proceed with discovery regarding Plaintiff s remaining claims for unlawful arrest, excessive force, and municipal liability set forth in Counts II, III, and IV of the Complaint. (2)The matter is RECOMMITTED to Magistrate Judge Carlson for further proceedings. Signed by Honorable A. Richard Caputo on 3/12/14. (jam) |
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