Donahue v. City of Hazleton, PA et al

Filing 130

ORDER (memorandum filed previously as separate docket entry),,adopting 105 REPORT AND RECOMMENDATIONS IN ITS ENTIRETY (See order for details). re 80 72 75 , 80 90 e.Signed by Honorable Malachy E Mannion on 8/3/20. (bs)

Case 3:14-cv-01351-MEM Document 130 Filed 08/03/20 Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SEAN M. DONAHUE,

:

Plaintiff

: CIVIL ACTION NO. 3:14-1351

v.

:

CITY OF HAZELTON, et al.,
Defendants

(MANNION, D.J.)

:
:

ORDER
As set forth in the memorandum issued this same day, IT IS HEREBY
ORDERED THAT:
(1)

Judge Mehalchick’s report and recommendation, (Doc. 105), is
ADOPTED IN ITS ENTIRETY;

(2)

the motion for summary judgment of defendants, (Doc. 80),
regarding all of the claims against them raised in the plaintiff’s
complaint, (Doc. 1), Counts I-IV, except for the plaintiff’s second
4th Amendment excessive force claim in Count I (regarding the
pointing of defendants’ guns at plaintiff after he was
handcuffed), is GRANTED, and JUDGMENT is entered in favor
of the defendants and against the plaintiff with respect to all of
the stated claims;

(3)

the motion for summary judgment of the defendants, (Doc. 80),
regarding the plaintiff’s second 4th Amendment excessive force
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Case 3:14-cv-01351-MEM Document 130 Filed 08/03/20 Page 2 of 2

claim in Count I (regarding the pointing of defendants’ guns at
plaintiff after he was handcuffed), as against all of the individual
named defendants, as well as his municipal liability excessive
force claim against the City of Hazelton under Monell, is
DENIED, and this claim will proceed to trial;
(4)

the John and Jane Doe defendants are dismissed from this case
sua sponte by the court pursuant to Fed.R.Civ.P. 21;

(5)

the plaintiff’s motions to compel, (Docs. 72 & 75), and the
plaintiff’s motion for sanctions, (Doc. 90), are DENIED;

(6)

the defendants’ objections, (Doc. 109), and the plaintiff’s
objections, (Doc. 111), to Judge Mehalchick’s report are
OVERRULED; and

(7)

the plaintiff’s motion to exceed the page limitation with respect
to his reply brief, (Doc. 122), is GRANTED.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Dated: August 3, 2020
14-1351-01-ORDER

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