Serrano v. City of Scranton et al

Filing 24

ORDER (memorandum filed previously as separate docket entry), City of Scranton terminated., Granting in Part and Denying in Part 17 MOTION for Summary Judgment filed by Brett Griffiths, City of Scranton. (See order for details).Signed by Honorable Malachy E Mannion on 2/5/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAMS SARRANO,
Plaintiff

:
:
CIVIL ACTION NO. 3:17-2398
:

v.
:

(JUDGE MANNION)

CITY OF SCRANTON, et al.
:
Defendants
ORDER
For the reasons set forth in the Memorandum of this date, IT IS
HEREBY ORDERED THAT:
1.

The defendants’ motion for summary judgment, (Doc. 17), with
respect to Counts I-III of the plaintiff’s complaint, (Doc. 1), is
GRANTED IN PART and DENIED IN PART.

2.

The defendants’ motion for summary judgment regarding
plaintiff’s excessive force claim under the 4th Amendment in Count
I against Officer Griffiths, in his individual capacity, is DENIED.

3.

The plaintiff’s federal claim in Count I under §1983 against Officer
Griffiths in his official capacity is DISMISSED WITH PREJUDICE.

4.

The plaintiff’s claim in Count I under §1983 to the extent that it is
brought under the 8th Amendment and the 14th Amendment, as
stand alone claims, are DISMISSED WITH PREJUDICE.

5.

The plaintiff’s claims for punitive damages against the City of
Scranton and against Officer Griffiths, in his official capacity, are

DISMISSED WITH PREJUDICE.
6.

The defendants’ motion for summary judgment with respect to the
plaintiff’s claims for punitive damages against Officer Griffiths, in
his individual capacity, in Counts I-III is DENIED.

7.

The defendants’ motion for summary judgment with respect to
their contention that Griffiths is entitled to qualified immunity as to
plaintiff’s 4th Amendment excessive force claim is DENIED.

8.

The defendants’ motion for summary judgment with respect to
plaintiff’s state law tort claims for assault and battery, Counts II
and III, against Griffiths is DENIED.

9.

The defendants’ motion for summary judgment with respect to the
plaintiff’s Monell claim against the City in Count I is GRANTED,
and JUDGMENT is entered in favor of the City and against the
plaintiff regarding this claim. Further, the City is TERMINATED as
a defendant in this case.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: February 5, 2019
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2017 MEMORANDA\17-2398-01-ORDER.wpd

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