Mawson v. Desimone et al

Filing 210

ORDER (memorandum filed previously as separate docket entry), The Report, (Doc. 191), is ADOPTED in part and NOT ADOPTED in part; Defendants motion for summary judgment, (Doc. 157), is GRANTED in part and DENIED in part;The motion for summary judgme nt is DENIED with respect to the Fourth Amendment claim against Officer Fernandes based upon the February Stop, and this claim shall PROCEED to trial. Samual Desimone (Pittston City Police Officer) and Robert Powers terminated. (See order for details).Signed by Honorable Malachy E Mannion on 10/15/20. (bs)

Case 3:16-cv-00400-MEM Document 210 Filed 10/15/20 Page 1 of 2

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

PITTSTON CITY POLICE
DEPARTMENT, et at.,

CIVIL ACTION NO. 3:16-400

:

v.

:

(MANNION, D.J.)

:
:

Defendants
ORDER
For the reasons set forth in the court’s memorandum issued this same
day, IT IS HEREBY ORDERED THAT:
(1) The Report, (Doc. 191), is ADOPTED in part and NOT
ADOPTED in part;
(2) Mawson’s objections to the Report, (Doc. 193), are
OVERRULED;
(3) Defendants’ objections to the Report, (Doc. 195), are
OVERRULED in part;
(4) Defendants’ motion for summary judgment, (Doc. 157), is
GRANTED in part and DENIED in part;
(5) The motion for summary judgment is GRANTED in favor of
Defendants and against Mawson on (1) the Fourth
Amendment claims against Officer DeSimone and Chief

Case 3:16-cv-00400-MEM Document 210 Filed 10/15/20 Page 2 of 2

Powers based upon the February Stop; (2) the Fourth
Amendment

claims

against

Officers

DeSimone

and

Fernandes based upon the impoundment of the truck; (3) the
First

Amendment

retaliation

claims

against

Officers

DeSimone and Fernandes and Chief Powers based upon the
February Stop and traffic citations; (4) the First Amendment
retaliation claims against Officers DeSimone and Fernandes
and Chief Powers based upon the impoundment of the truck;
(5) the Fourth Amendment claims against Officers Fernandes
and Shumosic and Chief Powers based on the June Stop; and
(6) the First Amendment retaliation claims based upon June
Stop resulting traffic citations;
(6) The motion for summary judgment is DENIED with respect to
the Fourth Amendment claim against Officer Fernandes
based upon the February Stop, and this claim shall
PROCEED to trial.
(7) By separate order the court will set a date for trial.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATE: October 15, 2020
16-0400-03

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