Brandt v. Borough of Palmyra Council Police Department et al
| Raymond U. Brandt |
| James B. Hunt, David C. Williams, Borough of Palmyra Council Police Department, Stanley J. Jasinski, Jr. and Peter J. Matthews |
| 4:2008cv00677 |
| April 10, 2008 |
| US District Court for the Middle District of Pennsylvania |
| Civil Rights: Other Office |
| Lebanon |
| Thomas M. Blewitt |
| John E. Jones |
| Plaintiff |
| Federal Question |
| 28:1331 Federal Question: Other Civil Rights |
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Filing
71
MEMORANDUM and R&R (eo, )
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Filing
32
REPORT AND RECOMMENDATION: IT IS RECOMMENDED that the Motion to Dismiss of Defts Boro of Palmyra, Jasinski, Hunt and Matthews (Doc l5) be granted in part and denied in part. We recommend that this case be dismissed in its entirety as to supervisory D efts Jasinski and Hunt pursuant to Rule 12(b)(6). We recommend that all of plf's claims, both Sec1983 claims and state law claims, against deft Matthews be dismissed except for his Fourth Amendment excessive force claim, and except for his stat e law malicious prosecution claim, his state law assault and battery claim, as well as his state law IIED claim. We recommend that all of plf's claims, both Sec1983 claims and state law claims, against Defts Boro of Palmyra be dismissed except for his Fourth Amendment excessive force claim. We recommend that to the extent that plf is deemed as naming Boro of Palmyra Police Dept and Council as defts, they be dismissed. Additionally, we recommend that plf's claims for punitive damages be dismissed as against deft Boro of Palmyra and as against all individual (4) defts in their official capacities, and that plf's claims for monetary damages as against all individual (4) defts in their official capacities be dismissed. Thus, w e recommend that all claims against the individual (4) defts in their official capacities be dismissed. Moreover, we recommend that plf be permitted to proceed with his request for declaratory relief. Finally, we recommend that this case be recommitt ed to the undersigned for further proceedings as against only defts Boro of Palmyra and Matthews consistent with this Report and Recommendation. NOTICE; Exceptions to be filed within l0 days. Objections to R&R due by 3/23/2009Signed by Magistrate Judge Thomas M. Blewitt on 3/5/09. (jb, )
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