Mawson v. Desimone et al

Filing 115

ORDER (memorandum filed previously as separate docket entry)All claims against the Pittston Police Department are DISMISSED. The plaintiffs motions for leave to amend, (Docs. 86 & 89), are DENIED.8.The plaintiffs motion for a preliminary injunction, (Doc. 21), is DENIED.9.In all other respects, the motion to dismiss is DENIED.(See order for full details). ORDER REFERRING CASE to Magistrate Judge Susan E. Schwab; Signed by Honorable Malachy E Mannion on 9/28/17. (bs)

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

:

Plaintiff,

: CIVIL ACTION NO. 3:16-0400

v.

:

PITTSTON CITY POLICE
DEPARTMENT, et al.,

(JUDGE MANNION)

:
:

Defendant
ORDER
For the reasons set forth in the memorandum issued this same day, IT
IS HEREBY ORDERED that the Report and Recommendation of Chief
Magistrate Judge Schwab is adopted in full and the defendants’ motion to
dismiss the second amended complaint, (Doc. 65), is GRANTED IN PART
and DENIED IN PART as follows:
1.

All

claims

against

the

Pittston

Police

Department

are

DISMISSED.
2.

The plaintiff’s due process claim is DISMISSED.

3.

The plaintiff’s claims based on the Pennsylvania Constitution, 18
U.S.C. §§241 & 242, and 42 U.S.C. §§1414, 2000m, and
3789(c) are DISMISSED.

4.

The plaintiff’s Fourth Amendment claim against defendant
Schmosic based on the February stop is DISMISSED.

5.

The plaintiff’s Fourth Amendment claim against defendant
DeSimone based on the June stop is DISMISSED.

6.

The plaintiff’s Fourth Amendment claims against defendants
Schmosic and Powers based on the impoundment of the
plaintiff’s truck are DISMISSED.

7.

The plaintiff’s motions for leave to amend, (Docs. 86 & 89), are
DENIED.

8.

The plaintiff’s motion for a preliminary injunction, (Doc. 21), is
DENIED.

9.

In all other respects, the motion to dismiss is DENIED.

10.

The case is referred to Chief Magistrate Judge Schwab for
further proceedings.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: September 28, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0400-02-ORDER.wpd

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