DEC v. PENNSYLVANIA STATE POLICE-TROOP D et al
| MATTHEW P. DEC |
| PENNSYLVANIA STATE POLICE-TROOP D, TROOPER JENKINS, TROOPER MIFSOB, TROOPER DRISCOLL, TROOPER BERGER, BUTLER COUNTY, BUTLER COUNTY SHERIFF MIKE SLUPE, BUTLER COUNTY PUBLIC DEFENDER'S OFFICE and BUTLER COUNTY DISTRICT ATTORNEY'S OFFICE |
| 2:2012cv00565 |
| April 30, 2012 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Butler |
| Mark R. Hornak |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
10
OPINION. Many of the claims and arguments presented by Mr. Dec appear to be fantastical. Still, he has properly alleged a specific event, being pepper sprayed by the police while being chained to a bench, without necessity or adequate legal justifica tion, for which Trooper Berger might be liable under 42 U.S.C. § 1983. For the reasons stated within, all claims against Defendants Trooper Jenkins, Trooper Mifsob, Trooper Driscoll, Pennsylvania State Police Troop D, Butler County Sheriff Mike Slupe, Butler County ADA Bosco, Butler County District Attorney's Office, Butler County Public Defender Charles Nedz, Butler County Public Defender's Office, and Butler County are DISMISSED WITH PREJUDICE. All claims against Trooper Berger are DISMISSED WITH PREJUDICE except for Plaintiffs (a) 42 U.S.C. § 1983 Fourth Amendment excessive force claim, (b) § 1983 First Amendment retaliation claim, and (c) § 1983 Fourteenth Amendment due process claim, all arising out of the alleged pepper spraying incident. An appropriate order will follow. Signed by Judge Mark R. Hornak on 12/7/12. (bdb)
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