ECKMAN et al v. LANCASTER CITY et al

Filing 38

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED IN PART AND GRANTED IN PART. IT IS FURTHER ORDERED THAT THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT POLICE OFFICER DAMON GREATHOUSE IS DENIED CONCERNING THE CLAIMS AGAINST HIM BY PLAI NTIFF IVY JO ECKMAN IN THE CIVIL ACTION COMPLAINT FOR FALSE ARREST (COUNTS I AND V), MALICIOUS PROSECUTION (COUNTS IV AND V), PUNITIVE DAMAGES (COUNT VII) AND ATTORNEYS' FEES (COUNT VIII). IT IS FURTHER ORDERED THAT ALL CLAIMS IN THE CIVIL ACTIO N COMPLAINT OF PLAINTIFFS IVY JO ECKMAN, ADRIAN SANCHEZ AND ALTHEA SANCHEZ ARE DISMISSED WITH PREJUDICE AGAINST DEFENDANTS LANCASTER CITY, POLICE OFFICER C. LUCIANO, POLICE OFFICER JOSEPH GRACZYK AND POLICE OFFICER JAMES FATTA. IT IS FURTHER ORDERED THAT THE CLAIMS IN THE CIVIL ACTION COMPLAINT OF PLAINTIF IVY JO ECKMAN AGAINST DEFENDANT POLICE OFFICER DAMON GREATHOUSE FOR FAILURE TO INVESTIGATE (COUNT III) ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/2010. 9/30/2010 ENTERED AND COPIES MAILED AND E-MAILED.(lbs, )

ECKMAN et al v. LANCASTER CITY et al

Doc. 38

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IVY JO ECKMAN; ADRIAN SANCHEZ; and ALTHEA SANCHEZ, ) ) ) ) Plaintiffs ) ) vs. ) ) LANCASTER CITY; ) POLICE OFFICER C. LUCIANO; ) POLICE OFFICER JOSEPH GRAZCYK; ) POLICE OFFICER JAMES FATTA; and ) POLICE OFFICER DAMON GREATHOUSE, ) ) Defendants ) Civil Action No. 08-cv-05454

ORDER NOW, this 30th day of September, 2010, upon consideration of the following documents: (1) Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure, which motion was filed October 6, 2009 (Document 18); together with: (a) Brief in Support of Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure, which brief was filed October 6, 2009 (Document 18-2); Statement of Material Facts in Support of Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure, which statement was filed October 6, 2009 (Document 18-3); and Appendix of Exhibits in Support of Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure, which appendix was filed October 6, 2009 (Document 18-4);

(b)

(c)

Dockets.Justia.com

(2)

Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment Pursuant to Rule 56(c), which response was filed November 17, 2009 (Document 25); together with: (a) Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56(c), which brief was filed November 17,2009 (Document 27); Plaintiffs' Counter Statement of Material Facts, in Opposition to Defendants' Motion for Summary Judgment, which counter statement was filed November 17, 2009 (Document 26); and Plaintiffs' Appendix of Exhibits in Opposition to Defendants' Motion for Summary Judgment Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, which appendix was filed November 18, 2009 (Document 28);

(b)

(c)

upon consideration of the pleadings, record papers, exhibits, affidavits and depositions submitted by the parties; after oral argument held January 22, 20101; it appearing that on October 8, 2009 former District Judge Thomas M. Golden entered an Order filed October 9, 2009 approving a stipulation of counsel dismissing five enumerated claims with prejudice (Document 19); it further appearing that the parties have stipulated that defendants Lancaster City and Police Officer Carlos M. Luciano,

O r a l argument was held before my former colleague, Honorable T h o m a s M. Golden. Subsequent to Judge Golden's untimely death, this case was r e a s s i g n e d to me on August 10, 2010.

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Jr. shall be dismissed from the within lawsuit2; and for the reasons expressed in the accompanying Opinion, IT IS ORDERED that defendants' motion for summary judgment is denied in part and granted in part. IT IS FURTHER ORDERED that the motion for summary judgment of defendant Police Officer Damon Greathouse is denied concerning the claims against him by plaintiff Ivy Jo Eckman in the Civil Action Complaint for false arrest (Counts I and V), malicious prosecution (Counts IV and V), punitive damages (Count VII) and attorneys' fees (Count VIII). IT IS FURTHER ORDERED that in all other respects, defendants' motion for summary judgment is granted. IT IS FURTHER ORDERED that all claims in the Civil Action Complaint of plaintiffs Ivy Jo Eckman, Adrian Sanchez and Althea Sanchez are dismissed with prejudice against defendants Lancaster City, Police Officer C. Luciano, Police Officer Joseph Graczyk and Police Officer James Fatta. IT IS FURTHER ORDERED that the claims in the Civil Action Complaint of plaintiff Ivy Jo Eckman against defendant

See Notes of Testimony of Oral Argument (styled "Transcript of H e a r i n g Before The Honorable Thomas M. Golden[,] United States District J u d g e " , January 22, 2010, at page 4.

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Police Officer Damon Greathouse for failure to investigate (Count III) are dismissed with prejudice.3

BY THE COURT:

/s/ James Knoll Gardner James Knoll Gardner United States District Judge

A s a result of this Order, the only claims remaining in this case a r e the claims in the Civil Action Complaint of plaintiff Ivy Jo Eckman a g a i n s t defendant Sergeant Damon Greathouse for false arrest, malicious p r o s e c u t i o n , punitive damages and attorneys' fees in Counts I, IV, V, VII and V I I I . All other claims of all plaintiffs are, or have been, dismissed.

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