Postie v. Frederick et al

Filing 29

ORDER (memorandum filed previously as separate docket entry) (1)The report of Judge Mehalchick, (Doc. 22), is ADOPTED, IN PART;(2)The defendants motion to dismiss plaintiffs complaint, (Doc. 15), is GRANTED, IN PART, AND DENIED, IN PART;(3)The plaint iffs objection, (Doc. 23), will be sustained regarding the finding that Heck barred his constitutional claims against defendants Frederick and Sinton; (4)The defendants motion is DENIED with respect to the plaintiffs constitutional claims against def endants Frederick and Sinton under §1983, and the court will exercise its supplemental jurisdiction over the plaintiffs state law tort claims against these defendants;(5)The plaintiffs claims against defendant Rush Township under Monell are DISM ISSED WITHOUT PREJUDICE;(6)The plaintiffs due process claim under the Fourteenth Amendment is DISMISSED WITH PREJUDICE;(7)All of the plaintiffs claims under the Fifth Amendment are DISMISSED WITH PREJUDICE;(8)The plaintiffs claims against defendants Bachart and Herring are DISMISSED WITH PREJUDICE and these defendants are dismissed from this case;(9)The plaintiffs request for declaratory judgment is DISMISSED WITH PREJUDICE; (10)The plaintiff is directed to file an amended complaint regarding h is claims against defendant Rush Township and to clarify exactly which claims against defendants Frederick and Sinton are under §1983 or under state law, on or before April 6, 2015; and(11)The case is REMANDED to Judge Mehalchick for further pro ceedings. re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Adam Sinton, Jr., Corey Herring, Sergeant Duane Frederick, Rush Township, Carl Bachart, ORDER REFERRING CASE to Magistrate Judge Karoline Mehalchick; Signed by Honorable Malachy E Mannion on 3/17/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
FREDERICK A. POSTIE,

:
:

Plaintiff

CIVIL ACTION NO. 3:14-00317
:

v.
:
SGT. DUANE FREDERICK, et al.,
Defendants

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

:
:

ORDER
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT:
(1)

The report of Judge Mehalchick, (Doc. 22), is ADOPTED, IN
PART;

(2)

The defendants’ motion to dismiss plaintiff’s complaint, (Doc. 15),
is GRANTED, IN PART, AND DENIED, IN PART;

(3)

The plaintiff’s objection, (Doc. 23), will be sustained regarding the
finding that Heck barred his constitutional claims against
defendants Frederick and Sinton;

(4)

The defendants’ motion is DENIED with respect to the plaintiff’s
constitutional claims against defendants Frederick and Sinton
under §1983, and the court will exercise its supplemental
jurisdiction over the plaintiff’s state law tort claims against these
defendants;

(5)

The plaintiff’s claims against defendant Rush Township under
Monell are DISMISSED WITHOUT PREJUDICE;

(6)

The plaintiff‘s due process claim under the Fourteenth
Amendment is DISMISSED WITH PREJUDICE;

(7)

All of the plaintiff‘s claims under the Fifth Amendment are
DISMISSED WITH PREJUDICE;

(8)

The plaintiff’s claims against defendants Bachart and Herring are
DISMISSED WITH PREJUDICE and these defendants are
dismissed from this case;

(9)

The plaintiff’s request for declaratory judgment is DISMISSED
WITH PREJUDICE;

(10) The plaintiff is directed to file an amended complaint regarding his
claims against defendant Rush Township and to clarify exactly
which claims against defendants Frederick and Sinton are under
§1983 or under state law, on or before April 6, 2015; and
(11) The case is REMANDED to Judge Mehalchick for further
proceedings.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: March 17, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-0317-01-ORDER.wpd

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