JOHNSON v. CITY OF PITTSBURGH et al
| DAVID S. JOHNSON |
| CITY OF PITTSBURGH, UNIVERSITY OF PITTSBURGH, UNIVERSITY OF PITTSBURGH POLICE DEPARTMENT, SARA FALORICO, ALEXANDER VISNICH, SGT. JOHN DOE and OFFICER JOHN DOE |
| 2:2016cv01068 |
| July 21, 2016 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| XX US, Outside State |
| Cathy Bissoon |
| Cynthia Reed Eddy |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
77
MEMORANDUM ORDER. Plaintiff's Motion to Dismiss (Doc. 75) shall be construed as a stipulation of dismissal; this case shall be DISMISSED WITH PREJUDICE; and Chief Magistrate Judge Eddy's Report and Recommendation (Doc. 76) is ADOPTED as the Opinion of the District Court. See contents of this filing. Signed by Judge Cathy Bissoon on 5/31/19. (wss)
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Filing
62
MEMORANDUM ORDER. For the reasons stated in the attached Memorandum Order, Plaintiff's First and Fourteenth Amendment claims against Defendants the City of Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police Depart ment are dismissed with prejudice for failure to prosecute. IT IS FURTHER ORDERED that Defendants the City of Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police Department are terminated from this action, as no claims r emain against them. The only claim that remains is Plaintiff's Fourth Amendment claim against Officers Falotico and Visnich and Officers John Does 1 and 2 for their conduct in relation to Plaintiff's investigative detention. The Magistrate Judge's Report and Recommendation dated January 4, 2018, hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 1/29/18. (kg)
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Filing
54
MEMORANDUM ORDER adopting 42 Amended Report and Recommendation. IT IS HEREBY ORDERED that Defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docs. 24 and 32 ) are GRANTED IN PART AND DENIED IN PART, as foll ows: (1) Plaintiff's Fourth Amendment and First Amendment claims against the City of Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police Department are dismissed without prejudice; (2) Defendants' motion to dism iss Plaintiff's Fourth Amendment claims against Officer Falarico, Officer Visnich, Officers John Doe 1 and 2 for their conduct in relation to Plaintiff's investigative detention is denied; (3) Plaintiff's Fourth Amendment claims agains t Officer Falarico, Officer Visnich, Officers John Doe 1 and 2 for their conduct in relation to seizing his personal property at the scene of his arrest are dismissed with prejudice; (4) Plaintiff's access to the courts claims against Officer Fa larico, Officer Visnich, Officers John Doe 1 and 2 are dismissed with prejudice; (5) Defendants' motion to dismiss Plaintiff's punitive damages claims is denied; (6) Defendants' motion to dismiss any official capacity suits against the individual officers is granted; and (7) The University Defendants' motion to strike specific dollar amounts of unliquidated damages and Plaintiff's "Statement to the Court No Confidence" is granted and the specific dollar amounts of unliquidated damages are stricken from Plaintiff's complaint and Plaintiff's request that this case be transferred to the Court of Appeals for the Third Circuit is denied. The Magistrate Judge's Report and Recommendation dated May 11, 2017 (Doc. 42 ), hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 7/5/2017. (kg)
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Filing
43
MEMORANDUM ORDER. Defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docs. 24 and 32 ) are GRANTED IN PART AND DENIED IN PART as follows: (1) Plaintiff's Fourth Amendment and First Amendment claims agai nst the City of Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police Department are dismissed without prejudice; (2) Defendants' motion to dismiss Plaintiff's Fourth Amendment claims against Officer Falarico, Off icer Visnich, Officers John Doe 1 and 2 for their conduct in relation to Plaintiff's investigative detention is denied; (3) Plaintiff's Fourth Amendment claims against Officer Falarico, Officer Visnich, Officers John Doe 1 and 2 for their c onduct in relation to seizing his personal property at the scene of his arrest are dismissed with prejudice; (4) Plaintiff's access to the courts claims against Officer Falarico, Officer Visnich, Officers John Doe 1 and 2 are dismissed with prej udice; (5) Defendants' motion to dismiss Plaintiff's punitive damages claims is denied; (6) Defendants' motion to dismiss any official capacity suits against the individual officers is granted; and (7) The University Defendants' m otion to strike specific dollar amounts of unliquidated damages and Plaintiff's "Statement to the Court No Confidence" is granted and the specific dollar amounts of unliquidated damages are stricken from Plaintiff's complaint and Plaintiff's request that this case be transferred to the Court of Appeals for the Third Circuit is denied. The Magistrate Judge's Report and Recommendation dated May 11, 2017 (Doc. 42 ), hereby is adopted as the Opinion of the District Court. (kg)
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