MAWSON v. THE PITTSTON POLICE DEPT., 3:13-1714. (2014)
Court: District Court, M.D. Pennsylvania
Number: infdco20140804460
Visitors: 14
Filed: Jul. 28, 2014
Latest Update: Jul. 28, 2014
Summary: ORDER MALACHY E. MANNION, District Judge. For the reasons stated in the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) Judge Schwab's report and recommendation, (Doc. 23 ), is ADOPTED IN FULL ; (2) The defendants' motion to dismiss, (Doc. 13 ), is GRANTED IN PART and DENIED IN PART ; (3) The plaintiff's 1983 claims for harm to reputation and abuse of process are DISMISSED WITH PREJUDICE ; (4) The plaintiff's claim of defamation is DISMISSED WITHOUT PREJ
Summary: ORDER MALACHY E. MANNION, District Judge. For the reasons stated in the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) Judge Schwab's report and recommendation, (Doc. 23 ), is ADOPTED IN FULL ; (2) The defendants' motion to dismiss, (Doc. 13 ), is GRANTED IN PART and DENIED IN PART ; (3) The plaintiff's 1983 claims for harm to reputation and abuse of process are DISMISSED WITH PREJUDICE ; (4) The plaintiff's claim of defamation is DISMISSED WITHOUT PREJU..
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ORDER
MALACHY E. MANNION, District Judge.
For the reasons stated in the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) Judge Schwab's report and recommendation, (Doc. 23), is ADOPTED IN FULL;
(2) The defendants' motion to dismiss, (Doc. 13), is GRANTED IN PART and DENIED IN PART;
(3) The plaintiff's §1983 claims for harm to reputation and abuse of process are DISMISSED WITH PREJUDICE;
(4) The plaintiff's claim of defamation is DISMISSED WITHOUT PREJUDICE to refiling in a proper state court;
(5) The Pittston Police Department, Officers Moyer and Shumosic, Sargent Murphy, and Chief Powers are DISMISSED from this action entirely.
(6) The clerk is ORDERED to terminate The Pittston Police Department, Officers Moyer and Shumosic, Sargent Murphy, and Chief Powers from this action;
(7) In all other respects, the defendants' motion is DENIED;
(8) The case will be REFERRED to Judge Schwab for further pre-trial proceedings as to the remaining §1983 fourth amendment claim against Officer DeSimone.
Source: Leagle
