Mawson v. Pittston City Police Department et al

Filing 34

ORDER (memorandum filed previously as separate docket entry), (1)Judge Schwabs report and recommendation, (Doc. 23), is ADOPTED IN FULL;(2)The defendants motion to dismiss, (Doc. 13), is GRANTED IN PART and DENIED IN PART;(3)The plaintiffs §1983 claims for harm to reputation and abuse of process are DISMISSED WITH PREJUDICE;(4)The plaintiffs claim of defamation is DISMISSED WITHOUT PREJUDICE to refiling in a proper state court;(5)The Pittston Police Department, Officers Moyer and Shumosic, Sargent Murphy, and Chief Powers are DISMISSED from this action entirely. (6)The clerk is ORDERED to terminate The Pittston Police Department, Officers Moyer and Shumosic, Sargent Murphy, and Chief Powers from this action;(7)In all other respects, th e defendants motion is DENIED;(8)The case will be REFERRED to Judge Schwab for further pre-trial proceedings as to the remaining §1983 fourth amendment claim against Officer DeSimone. ORDER REFERRING CASE to Magistrate Judge Susan E. Schwab;, Susan E. Schwab added. Pittston City Police Department, Chief Powers, Kyle Shumosic, Officer Moyer terminated 13 .Signed by Honorable Malachy E Mannion on 7/28/14. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT WILLIAM MAWSON, SR., :
:
Plaintiff

CIVIL ACTION NO. 3:13-1714
:

v
:
THE PITTSTON POLICE DEPT.,
et al.,
Defendants

(MANNION, D.J.)
(SCHWAB, M.J.)

:
:
ORDER

For the reasons stated in the court’s memorandum issued this same
day, IT IS HEREBY ORDERED THAT:
(1)

Judge Schwab’s report and recommendation, (Doc. 23), is
ADOPTED IN FULL;

(2)

The defendants’ motion to dismiss, (Doc. 13), is GRANTED IN
PART and DENIED IN PART;

(3)

The plaintiff’s §1983 claims for harm to reputation and abuse of
process are DISMISSED WITH PREJUDICE;

(4)

The plaintiff’s claim of defamation is DISMISSED WITHOUT
PREJUDICE to refiling in a proper state court;

(5)

The Pittston Police Department, Officers Moyer and Shumosic,
Sargent Murphy, and Chief Powers are DISMISSED from this

action entirely.
(6)

The clerk is ORDERED to terminate The Pittston Police
Department, Officers Moyer and Shumosic, Sargent Murphy, and
Chief Powers from this action;

(7)

In all other respects, the defendants’ motion is DENIED;

(8)

The case will be REFERRED to Judge Schwab for further pre-trial
proceedings as to the remaining §1983 fourth amendment claim
against Officer DeSimone.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: July 28, 2014
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-1714-01-ORDER.wpd

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