Deitrick v. Costa et al

Filing 353

ORDER: ADOPTING REPORT AND RECOMMENDATION 333 ; GRANTING in part and DENYING in part plaintiff's motion for summary judgment 193 ; REMANDING the case to Magistrate Judge Arbuckle for further proceedings. (See Order for details.) Signed by Honorable Matthew W. Brann on 1/23/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DONNA DEITRICK,

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Plaintiff,
v.
MARK A. COSTA, et al.,
Defendants.

Civil Action No. 4:06-CV-1556
(Judge Brann)
(Magistrate Judge Arbuckle)

ORDER
January 23, 2014
BACKGROUND:
The undersigned has given full and independent consideration to the July 18,
2013 report and recommendation of Magistrate Judge William I. Arbuckle, III.
ECF No. 333. No objections have been filed.
Because this Court agrees with Judge Arbuckle’s thorough analysis and no
objections have been filed despite more than ample time to do so, the Court will
not rehash the sound reasoning of the magistrate judge and will adopt the report
and recommendation in its entirety.

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NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1.
1.

United States Magistrate Judge William I. Arbuckle III’s July 18,
2013 Report and Recommendation is ADOPTED in full. ECF No.
333.

2.

Summary Judgment (ECF No. 193) is GRANTED with respect to:
A.

Plaintiff’s 42 U.S.C. § 1983 claims of unlawful arrest and
unlawful detention (Count I of Plaintiff’s Complaint, ECF No.
1) against Defendants Mark A. Costa, William Miner, Richard
Nichols, and William Zelinski. These Defendants are entitled
to qualified immunity on these issues and the claims against
them are dismissed.

B.

Plaintiff’s § 1983 claims of excessive force (Count I) against
Defendants Nichols and Zelinski. These Defendants are
entitled to qualified immunity on this issue and the claims
against them are dismissed.

C.

Plaintiff’s § 1983 claims of municipal liability (Counts II and
III) against Defendant City of Shamokin. The claims are
dismissed.

D.

Plaintiff’s state-law claims of false imprisonment and false
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arrest (Count IV) against Defendants Costa, Miner, Nichols,
and Zelinski. The claims are dismissed.
E.

Plaintiff’s state-law claims of assault (Count V) against
Defendants Costa, Miner and Nichols. These claims are
dismissed.

F.

Plaintiff’s state-law claims of battery (Count V) against
Defendant Nichols. This claim is dismissed.

G.

Plaintiff’s state-law claims of intentional infliction of emotional
distress (Count VI) against Defendants Costa, Miner, Nichols,
Robert Searls, and Zelinski. These claims are dismissed.

H.

Plaintiff’s state-law claims of civil conspiracy (Count XII)
against Defendants Costa, Miner, Nichols, Searls, and Zelinski.
These claims are dismissed.

I.

Plaintiff’s state-law conversion (Count XIII) and trespass to
chattel claims (Count XIV) against Defendants Costa, Miner,
Nichols, Searls, and Zalinski are dismissed.

3.

Summary judgment is DENIED with respect to:
A.

Plaintiff’s § 1983 claims of use of excessive force against
Defendants Costa and Miner for the incident on August 16,
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2004; and
B.

Plaintiff’s state-law battery claims against Defendants Costa
and Miner for the same incident on August 16, 2004.

4.

The action is remanded to Magistrate Judge Arbuckle for further
proceedings.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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