THOMAS v. CHIEF OF POLICE et al

Filing 119

MEMORANDUM ORDER THAT PLAINTIFF'S LETTER REQUEST TO COMPEL DISCOVERY AND FOR SANCTIONS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS CHIEF OF POLICE STANLEY J. COOPERSMITH AND POLICE OFFI CERS DAVID MARINO, MANDY LOHMANM AND CRYSTAL HAPPEL IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS, CHIEF OF POLICE STANLEY J. COOPERSMITH AND POLICE OFFICERS DAVID MARINO, MANDY LOHMAN, AND CRYSTAL HAPPEL AND AGAINST PLAINTIFF, DALE A. TH OMAS. DEFENDANTS OFFICERS DALE STEIGERWALT, ELLIS PYSHER, AND RYAN VRESIC'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS, POLICE OFFICERS DALE STEIGERWALT, ELLIS PYSHER, AND RYAN VRESICS, AND AGAINST PLAINTIFF, DALE A. THOMAS. THE CLERK OF COURT SHALL MARK THIS CASE AS CLOSED. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/19/2016. 1/21/2016 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DALE A. THOMAS,

CIVIL ACTION
Plaintiff,

v.
STANLEY J. COOPERSMITH,
Chief of Police,
DALE STEIGERWALT, Police Officer,
ELLIS PYSHER, Police Officer,
DAVID MARINO, Police Officer,
MANDY LOHMAN, Police Officer,
CRYSTAL HAPPEL, Police Officer, and
RYAN VRESICS, Police Officer,
Defendants.

NO. 11-7578

ORDER
AND NOW, this 19th day of January, 2016, upon consideration of Motion for Summary
Judgment of Defendants Chief of Police Stanley J. Coopersmith and Police Officers David
Marino, Mandy Lohman, and Crystal Happel (Doc. No. 91, filed September 25, 2015),
Defendants Officers Dale Steigerwalt, Ellis Pysher, and Ryan Vresics’s Motion for Summary
Judgment (Doc. No. 92, filed September 25, 2015), Defendants’ Joint Statement of Material and
Undisputed Facts in Support of the Motion [sic] for Summary Judgment (Doc. No. 93, filed
September 25, 2015), Brief in Support of the Motion for Summary Judgment of Defendants
Chief of Police Stanley J. Coopersmith and Police Officers David Marino, Mandy Lohman, and
Crystal Happel (Doc. No. 94, filed September 25, 2015), plaintiff’s letter request to compel
discovery and for sanctions dated October 3, 2015 (Doc. No. 96, filed October 4, 2015),
defendants Chief of Police Stanley J. Coopersmith and Police Officers Crystal Happel, David
Marino, and Mandy Lohman’s letter response dated October 8, 2015 (Doc. No. 97, filed October
8, 2015), Memorandum in Opposition to Defendants Chief of Police Stanley J. Coopersmith &

Officers David Marino, Mandy Lohman, & Crystal Happel Motion for Summary Judgment
(Doc. No. 110, filed November 18, 2015), Memorandum in Opposition to Officers Dale
Steigerwalt, Ellis Pysher, & Ryan Vresics Motion for Summary Judgment (Doc. No. 111, filed
November 18, 2015), Exhibits of Plaintiff (Doc. No. 112, filed November 18, 2015), Defendants’
Reply Brief in Support of their Motion for Summary Judgment (Doc. No. 113, filed November
25, 2015), Reply Brief of Defendants, Chief of Police Stanley J. Coopersmith and Police Officers
David Marino, Mandy Lohman, and Crystal Happel, in Support of Their Motion for Summary
Judgment (Doc. No. 114, filed November 30, 2015), Response [sic] in Support of Memorandum
in Opposition to Summary Judgment for Defendants Pysher, Steigerwalt, and Vresics (Doc. No.
115, filed December 14, 2015), Response [sic] in Support of Memorandum in Opposition for
Summary Judgment for Defendants Chief Coopersmith, Marino, Lohman, and Happel (Doc. No.
116, filed December 14, 2015), and plaintiff’s letter to the Court dated December 17, 2015, and
the exhibits attached thereto, 1 for the reasons set forth in the accompanying Memorandum dated
January 19, 2016, IT IS ORDERED as follows:
1.

Plaintiff’s letter request to compel discovery and for sanctions is GRANTED IN

PART AND DENIED IN PART as follows: (i) that part of plaintiff’s letter request seeking
return of the video surveillance tape provided to counsel for defendants by plaintiff prior to the
deposition of defendant Happel is GRANTED and counsel for defendants shall return the video
surveillance tape; and (ii) plaintiff’s request is DENIED IN ALL OTHER RESPECTS.
2.

The Motion for Summary Judgment of Defendants Chief of Police Stanley J.

Coopersmith and Police Officers David Marino, Mandy Lohman, and Crystal Happel is
GRANTED and JUDGMENT IS ENTERED IN FAVOR of defendants, Chief of Police

1

A copy of the letter and the attached exhibits shall be docketed by the Deputy Clerk.
2

Stanley J. Coopersmith and Police Officers David Marino, Mandy Lohman, and Crystal Happel,
and AGAINST plaintiff, Dale A. Thomas.
3.

Defendants Officers Dale Steigerwalt, Ellis Pysher, and Ryan Vresics’s Motion

for Summary Judgment is GRANTED and JUDGMENT IS ENTERED IN FAVOR of
defendants, Police Officers Dale Steigerwalt, Ellis Pysher, and Ryan Vresics, and AGAINST
plaintiff, Dale A. Thomas.
4.

The Clerk of Court shall mark this case as CLOSED.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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