FRANKLIN v. LYNCH et al

Plaintiff: ALTON C. FRANKLIN
Defendant: LORETTA LYNCH, THOMAS E. BRANDON, JAMES B. COMEY and UNITED STATES OF AMERICA
Case Number: 3:2016cv00036
Filed: February 3, 2016
Court: Pennsylvania Western District Court
Office: Johnstown Office
County: Bedford
Presiding Judge: Kim R. Gibson
Nature of Suit: Other Civil Rights
Cause of Action: 28:1331
Jury Demanded By: None

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Date Filed#Document Text
December 21, 2017 53 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER - upon consideration of the parties' cross-motions for summary judgment (ECF Nos. 31 , 36 ) and for the reasons set forth in the Memorandum Opinion accompanying this Order, it is HEREBY ORDERED that: 1. Plaintiff& #039;s Motion for Summary Judgment (ECF No. 36 ) is GRANTED only as to the inapplicability of the restrictions of Section 922(g)(4) to Plaintiff. Judgment is entered in Plaintiff's favor to that extent. 2. In all other regards, the parties 9; cross-motions for summary judgment (ECF Nos. 31 , 36 ) are DENIED AS MOOT at this time. 3. 18 U.S.C. § 922(g)(4) is not implicated by Plaintiff's involuntary emergency treatment on September 22, 2002 pursuant to 50 Pa. Stat. and Cons. Stat. Ann. § 7302 and, as it pertains to that event, Plaintiff's ability to acquire, possess, and use firearms and/or ammunition is unaffected. 4. Defendants, their officers, agents, servants, employee, and all persons in active concert or participation with them who receive actual notice of this Order are ENJOINED from enforcing 18 U.S.C. § 922(g)(4) against Plaintiff based on his involuntary emergency treatment on September 22, 2002, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 12/21/2017. (dlg)
November 21, 2016 23 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER granting 5 Partial Motion to Dismiss. Plaintiff's claims under the NICS Improvement Amendments Act of 2007 (Count I) are dismissed without prejudice. Plaintiff's claim under the Full Faith and Credit Clause (C ount II) is dismissed with prejudice. It is FURTHER ORDERED that Plaintiff is granted leave to file an amended complaint. If Plaintiff chooses to file an amended complaint, he shall do so within 21 days of issuance of this Order. Plaintiff's ame ndments, if any, are to be limited to claims under the NICS Improvement Amendments Act of 2007, Pub L. No. 110-180, 121 Stat. 2559 (2008) (codified at 18 U.S.C. § 922 note), and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 11/18/2016. (dlg)

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Plaintiff: ALTON C. FRANKLIN
Represented By: Joshua Prince
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Defendant: LORETTA LYNCH
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Defendant: THOMAS E. BRANDON
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Defendant: JAMES B. COMEY
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Defendant: UNITED STATES OF AMERICA
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