Postie v. Frederick et al

Filing 76

ORDER (memorandum filed previously as separate docket entry),Defendant Fredericks limited objections to the report and recommendation of Judge Mehalchick, (Doc. 72, Doc. 73), are OVERRULED.Judge Mehalchicks report and recommendation, (Doc. 71), is AD OPTED IN ITS ENTIRETY.The defendants motion for summary judgment, (Doc. 63), is GRANTED IN PART AND DENIED IN PART. Final Pretrial Conference set for 6/7/2018 01:30 PM in Scranton before Honorable Malachy E Mannion. Jury Selection & Trial set for 6/25/2018 09:30 AM in Scranton before Honorable Malachy E Mannion. (See order for details)Signed by Honorable Malachy E Mannion on 4/11/18. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA FREDERICK A. POSTIE, : Plaintiff : CIVIL ACTION NO. 3:14-00317 : (JUDGE MANNION) v. SGT. DUANE FREDERICK and OFFICER ADAM SINTON, JR., : : Defendants ORDER In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) Defendant Frederick’s limited objections to the report and recommendation of Judge Mehalchick, (Doc. 72, Doc. 73), are OVERRULED. (2) Judge Mehalchick’s report and recommendation, (Doc. 71), is ADOPTED IN ITS ENTIRETY. (3) The defendants’ motion for summary judgment, (Doc. 63), is GRANTED IN PART AND DENIED IN PART. (A) The defendants’ motion for summary judgment is GRANTED as to the plaintiff’s Fourth Amendment malicious prosecution, false arrest, and false imprisonment claims against defendant Sinton on the basis of qualified immunity. (B) The defendants’ motion for summary judgment is DENIED with respect to the plaintiff’s state law assault and battery claims against defendant Sinton. (C) The defendants’ motion for summary judgment is DENIED with respect to the plaintiff’s Fourth Amendment malicious prosecution, false arrest, and false imprisonment claims against defendant Frederick. (4) A Final Pretrial Conference will be held at 1:30 p.m. on June 7, 2018, in the William J. Nealon Federal Building & U.S. Courthouse, 235 N. Washington Ave., Scranton, PA in Courtroom 3. (5) The Trial will begin with jury selection at 9:30 a.m. on June 25, 2018, in the location noted above. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Date: April 11, 2018 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-0317-03-ORDER.wpd 2

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