Hunt v. City of Wilkes Barre et al

Filing 67

ORDER ADOPTING REPORT AND RECOMMENDATIONS 60 ; granting 51 Motion for Summary Judgment. The Clerk of Court is directed to enter judgment IN FAVOR OF Defendant Matthew Smith and AGAINST Plaintiff Harold Hunt. Signed by Honorable Robert D Mariani on 6/27/23. (jam)

Case 3:20-cv-00464-RDM Document 67 Filed 06/27/23 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HAROLD HUNT,
3:20-CV-464
(JUDGE MARIANI)
(Magistrate Judge Carlson)

Plaintiff,
V.

MATTHEW SMITH,
Defendant.
ORDER
AND NOW, THIS

J,1 --jz., DAY OF JUNE, 2023, upon de nova review of

Magistrate Judge Martin C. Carlson's Report and Recommendation (''R&R") (Doc. 60),
Plaintiff's Objections thereto (Docs. 63, 64), and all other relevant documents, IT IS
HEREBY ORDERED THAT:

1. The R&R (Doc. 60) is ADOPTED for the reasons set forth therein.
2. Plaintiff's Objections are OVERRULED. 1

1 Plaintiff's

Objections argue that other facts, implicating his wife's culpability in the incident, were
available to Officer Smith when he arrived at the apartment on March 21, 2018 and that Plaintiff's wife
should have been arrested. (See Doc. 64, at 2-8, 10-12). However, as aptly noted by Judge Carlson, "any
alleged culpability of Hunt's wife in what may have been a mutual affray does not negate Officer Smith's
determination of probable cause to arrest and charge Hunt with these crimes." (Doc. 60, at 21 n.3). Even
crediting the version of events set forth in Plaintiff's Objections, he does not dispute that (1) he and his wife
engaged in a physical altercation, (2) he was intoxicated during the altercation and when Officer Smith
arrived on the scene, (3) his wife maced him, (4) his wife called 911, (5) his wife informed Officer Smith that
her husband had assaulted her, and (6) there was blood on the floor when police arrived . These facts,
viewed in the totality of the circumstances and through the lens of a reasonable officer, are sufficient to
establish the requisite probable cause. The fact that Plaintiff's wife was not charged as a result of the
incident, despite Plaintiff's claims that she was the one who assaulted him, and that Plaintiff was ultimately
acquitted of the charges distracts from the probable cause inquiry before this Court. Plaintiff's Objections
ask this Court to make credibility determinations as to the statements of the parties and the witnesses at

Case 3:20-cv-00464-RDM Document 67 Filed 06/27/23 Page 2 of 2

3. Defendant Matthew Smith's Motion for Summary Judgment (Doc. 51) is
GRANTED.
4. The Clerk of Court is directed to enter judgment IN FAVOR OF Defendant
Matthew Smith and AGAINST Plaintiff Harold Hunt.

United States District Judge

the preliminary hearing and trial. If resolution of this action turned on such determinations, it would not be
appropriate for dismissal at the summary judgment stage. However, in this case, this Court's inquiry begins
and ends with the determination that is no material dispute of fact that Smith had probable cause to arrest
and charge Hunt. The Court further agrees with Judge Carlson that, even if there was a violation of
Plaintiffs Fourth Amendment rights, Smith would be entitled to qualified immunity.
Plaintiffs further assertions that Officer Smith additionally violated his Fourth Amendment rights by
falsely testifying at his preliminary hearing and trial (Doc. 64, at 9-10) also fail for the reasons set forth in
the R&R, including because Smith is protected by absolute immunity when testifying in the state court
criminal proceedings (see Doc. 60, at 21 -23) .
2