Gibson v. Steelton Police Dept. et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED THAT Magistrate Judge Blewitts Report and Recommendation 9 is ADOPTED. Plaintiffs Fourteenth Amendment failure-to-protect claim against Defendants Arthur G. Etnoyer and David Crawford is ALLOWED TO PROCEED; Plaintiffs claims against Defendants Etnoyer and Crawford, in their official capacities, are DISMISSED WITH PREJUDICE; Plaintiffs claims against Defendant Steelton Police Department are DISMISSED WITH PREJUDICE, and the Clerk of Court is directed to TERMINATE Defendant Steelton Police Department from this action; Plaintiff is granted leave to file an amended complaint to raise a municipal liability claim against the Borough of Steelton, pursuant to Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978), within twenty-one days of the date of this order; and All further proceedings in this matter are referred to Magistrate Judge Blewitt. Signed by Chief Judge Yvette Kane on 8/27/12. (rc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DARYL T’WAIN GIBSON, SR.,
Plaintiff
v.
STEELTON POLICE DEPT., et al.,
Defendants

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Civil Action No. 1:12-cv-01328
(Chief Judge Kane)
(Magistrate Judge Blewitt)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
On August 7, 2012, Magistrate Judge Blewitt issued a Report and Recommendation,
wherein he recommends that Plaintiff’s complaint be dismissed in part pursuant to the screening
requirements of the Prison Litigation Reform Act, 28 U.S.C. § 1915(e). (Doc. No. 9.) No timely
objections have been filed.
ACCORDINGLY, on this 27th day of August 2012, IT IS HEREBY ORDERED
THAT:
1.

Magistrate Judge Blewitt’s Report and Recommendation (Doc. No. 9) is
ADOPTED;

2.

Plaintiff’s Fourteenth Amendment failure-to-protect claim against Defendants
Arthur G. Etnoyer and David Crawford is ALLOWED TO PROCEED;

3.

Plaintiff’s claims against Defendants Etnoyer and Crawford, in their official
capacities, are DISMISSED WITH PREJUDICE;

4.

Plaintiff’s claims against Defendant Steelton Police Department are DISMISSED
WITH PREJUDICE, and the Clerk of Court is directed to TERMINATE
Defendant Steelton Police Department from this action;

5.

Plaintiff is granted leave to file an amended complaint to raise a municipal
liability claim against the Borough of Steelton, pursuant to Monell v. Department
of Social Services of City of New York, 436 U.S. 658 (1978), within twenty-one
days of the date of this order; and

6.

All further proceedings in this matter are referred to Magistrate Judge Blewitt.

S/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania