HAMMOND v. LANCASTER CITY BUREAU OF POLICE et al

Filing 149

ORDER THAT THE MOTION IS GRANTED. IT IS FURTHER ORDERED THAT PLFF'S SECOND AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE AS TO DEFT DAVID L. BLANCK. COUNT I IS DISMISSED WITHOUT PREJUDICE AS TO THE LANCASTER COUNTY DISTRICT ATTORNEY'S OFFICE, ETC. COUNTS II, III, IV, & V ARE DISMISSED WITH PREJUDICE AS TO THE LANCASTER COUNTY DISTRICT ATTORNEY'S OFFICE, ETC. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 12/16/21. 12/17 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PLFF.(kw, )

Case 5:17-cv-01885-TJS Document 149 Filed 12/16/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KHALIL K. HAMMOND

:
:
v.
:
:
LANCASTER CITY BUREAU OF POLICE, :
LANCASTER CITY, DETECTIVE
:
SERGEANT JARRED P. BERKIHISER,
:
DETETIVE MICHAEL GERACE,
:
ASSISTANT PUBLIC DEFENDER DAVID :
L. BLANCK, ATTORNEY MARK F.
:
WALMER and LANCASTER COUNTY’S :
DISTRICT ATTORNEY’S OFFICE
:

CIVIL ACTION

NO. 17-1885

ORDER
NOW, this 16th day of December, 2021, upon consideration of the Defendants
Lancaster County District Attorney’s Office and Assistant Public Defender David L.
Blanck’s Motion to Dismiss Plaintiff’s Second Amended Supplemental Complaint
(Document No. 118) and plaintiff’s response, it is ORDERED that the motion is
GRANTED.
IT IS FURTHER ORDERED:
1.

The Plaintiff’s Second Amended Complaint is DISMISSED WITH

PREJUDICE as to the defendant David L. Blanck.
2.

To the extent that the motion seeks to dismiss Count I, it is GRANTED.

3.

Count I is DISMISSED WITHOUT PREJUDICE as to the Lancaster County

District Attorney’s Office.
4.

To the extent that the motion seeks to dismiss Counts II, III, IV, and V, it is

GRANTED.
5.

Counts II, III, IV, and V are DISMISSED WITH PREJUDICE as to the

Case 5:17-cv-01885-TJS Document 149 Filed 12/16/21 Page 2 of 2

Lancaster County District Attorney’s Office.
6.

We decline to exercise supplemental jurisdiction over Counts VI, VII, VIII,

and IX pursuant to 28 U.S.C. § 1367(c)(3).
7.

Counts VI, VII, VIII, and IX are DISMISSED WITHOUT PREJUDICE to the

plaintiff’s right to bring those claims in state court.
/s/ TIMOTHY J. SAVAGE J.

2