Rummel Lewisburg Police et al

Filing 20

ORDER: ADOPTING Report and Recommendation 8 ; the action may proceed as to Defendant Jones on Plaintiff's Fourth Amendment Excessive Force claim. The Lewisburg Borough Police Department is DISMISSED WITHOUT PREJUDICE, with leave to file an ame nded complaint to properly raise a Monell claim. Plaintiff's malicious prosecution and false imprisonment claims are DISMISSED WITHOUT PREJUDICE with leave to re-file after the state proceedings have been terminated. Plaintiff's demand fo r monetary damages against Defendants in their official capacity is DISMISSED WITH PREJUDICE. The case is remanded to Magistrate Judge Blewitt for further proceedings, including disposition of ECF Nos. 2, 14 and 16. Signed by Honorable Matthew W. Brann on 6/27/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DANIEL F. RUMMEL,

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Plaintiff,
v.
LEWISBURG POLICE,
et. al.,
Defendants.

Civil Action No. 4:14-CV-0268
(Judge Brann)

(Magistrate Judge Blewitt)

ORDER
June 27, 2014
The undersigned has given full and independent consideration to the March
11, 2014 report and recommendation of Magistrate Judge Thomas M. Blewitt. ECF
No. 8.
Plaintiff filed objections to the report and recommendation, ECF No. 9.
Although Plaintiff was verbose and cited to case law in his objections, he did not
point to anything that would lead the undersigned to find that the Magistrate Judge
was incorrect in his recommendations.
Because this Court agrees with Magistrate Judge Blewitt’s thorough
analysis the Court will not rehash his sound reasoning 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 Thomas M. Blewitt’s Report and
Recommendation is ADOPTED in full. May 11, 2014, ECF No. 8.

2.

The action may proceed as to Defendant Jones on Plaintiff’s Fourth
Amendment Excessive Force claim.

3.

The Lewisburg Borough Police Department is DISMISSED
WITHOUT PREJUDICE, with leave to file an amended complaint to
properly raise a Monell claim.

4.

Plaintiff’s malicious prosecution and false imprisonment claims are
DISMISSED WITHOUT PREJUDICE with leave to re-file after the
state proceedings have been terminated.

5.

Plaintiff’s demand for monetary damages against Defendants in their
official capacity is DISMISSED WITH PREJUDICE.

6.

The case is remanded to Magistrate Judge Blewitt for further
proceedings, including disposition of ECF Nos. 2, 14 and 16.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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