Postie v. Frederick et al

Filing 53

ORDER (memorandum filed previously as separate docket entry), Rush Township terminated. (1)the report and recommendation of Judge Mehalchick, (Doc. 51), is ADOPTED IN ITS ENTIRETY;The Clerk of Court is directed to TERMINATE defendant Rush Township from this action.The matter is remanded to Judge Mehalchick for further proceedings. (See document for details).Signed by Honorable Malachy E Mannion on 8/29/16. (bs)

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

:

Plaintiff

:

CIVIL ACTION NO. 3:14-00317

:

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

v.
SGT. DUANE FREDERICK,
OFFICER ADAM SINTON, JR.,
and RUSH TOWNSHIP,
Defendants

:
:
:
ORDER

In accordance with the memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1)

the report and recommendation of Judge Mehalchick, (Doc. 51),
is ADOPTED IN ITS ENTIRETY;

(2)

The defendants’ motion to partially dismiss the plaintiff’s
second amended complaint, (Doc. 46), is GRANTED IN
PART AND DENIED IN PART.

(3)

The defendants’ motion to dismiss the plaintiff’s 42 U.S.C.
§1983 claims arising under the Fourteenth Amendment is
GRANTED as to all defendants and the claims are
DISMISSED WITH PREJUDICE.

(4)

The defendants’ motion to dismiss the plaintiff’s §1983
claims arising under the Fourth Amendment for abuse of
process and loss of privacy is GRANTED as to all

defendants and the claims are DISMISSED WITH
PREJUDICE for failure to state a claim pursuant to
Fed.R.Civ.P. 12(b)(6).
(5)

The defendants’ motion to dismiss the plaintiff’s state law
claims for abuse of process and failure to intervene is
GRANTED as to all defendants and the claims are
DISMISSED WITH PREJUDICE for failure to state a claim
pursuant to Fed.R.Civ.P. 12(b)(6).

(6)

The defendants’ motion to dismiss the plaintiff’s state law
claim for assault and battery is GRANTED and DISMISSED
WITH PREJUDICE as to defendant Frederick for failure to
state a claim pursuant to Fed.R.Civ.P. 12(b)(6), but
DENIED as to defendant Sinton.

(7)

The Clerk of Court is directed to TERMINATE defendant
Rush Township from this action.

(8)

The matter is remanded to Judge Mehalchick for further
proceedings.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: August 29, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-0317-02-ORDER.wpd

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