Rothermel et al v. Dauphin County, Pennsylvania et al

Filing 148

ORDER (memorandum filed previously as separate docket entry) The court declines to adopt the report 138 but will adopt its ultimate recommendation that summary judgment be granted to all defendants on all remaining counts. The motions (Docs. 90 , 97 , 101 , 107 ) for summary judgment filed by Trooper Grbich, Commissioner Evanchick, Trooper Miller, Dauphin County, and Clerk Klein are GRANTED. Signed by Chief Judge Christopher C. Conner on 3/26/2020. (ktt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MELISSA LEE ROTHERMEL,

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Plaintiff
v.
DAUPHIN COUNTY,
PENNSYLVANIA, et al.,
Defendants

CIVIL ACTION NO. 1:16-CV-1669
(Chief Judge Conner)

ORDER
AND NOW, this 26th day of March, 2020, upon consideration of the
motions for summary judgment filed by defendant Pennsylvania State Police
(“PSP”) Trooper David Grbich, (Doc. 90), PSP Commissioner Robert Evanchick
(Doc. 97), PSP Trooper Matthew Miller (Doc. 101), and Dauphin County and its
Clerk of Court, Dale Klein, in her official capacity, (Doc. 107), as well as the report
(Doc. 138) of Magistrate Judge Martin C. Carlson, the objections (Doc. 141) thereto
by plaintiff Melissa Lee Rothermel, and the parties’ attendant briefing, (Docs. 142,
143, 146), and for the reasons set forth in the court’s accompanying memorandum of
today’s date, it is hereby ORDERED that:
1.

The court declines to adopt the report (Doc. 138) but will adopt its
ultimate recommendation that summary judgment be granted to all
defendants on all remaining counts.

2.

The motions (Docs. 90, 97, 101, 107) for summary judgment filed by
Trooper Grbich, Commissioner Evanchick, Trooper Miller, Dauphin
County, and Clerk Klein are GRANTED.

3.

The Clerk of Court shall enter judgment against Rothermel and
in favor of Trooper Grbich, Commissioner Evanchick, Trooper Miller,
Dauphin County, and Clerk Klein as to Counts I, III, IV, and V of
Rothermel’s amended complaint (Doc. 48).

4.

The Clerk of Court shall thereafter close this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania