JOHNSON v. CITY OF PITTSBURGH et al

Filing 43

MEMORANDUM ORDER. Defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docs. 24 and 32 ) are GRANTED IN PART AND DENIED IN PART as follows: (1) Plaintiff's Fourth Amendment and First Amendment claims agai nst the City of Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police Department are dismissed without prejudice; (2) Defendants' motion to dismiss Plaintiff's Fourth Amendment claims against Officer Falarico, Off icer Visnich, Officers John Doe 1 and 2 for their conduct in relation to Plaintiff's investigative detention is denied; (3) Plaintiff's Fourth Amendment claims against Officer Falarico, Officer Visnich, Officers John Doe 1 and 2 for their c onduct in relation to seizing his personal property at the scene of his arrest are dismissed with prejudice; (4) Plaintiff's access to the courts claims against Officer Falarico, Officer Visnich, Officers John Doe 1 and 2 are dismissed with prej udice; (5) Defendants' motion to dismiss Plaintiff's punitive damages claims is denied; (6) Defendants' motion to dismiss any official capacity suits against the individual officers is granted; and (7) The University Defendants' m otion to strike specific dollar amounts of unliquidated damages and Plaintiff's "Statement to the Court No Confidence" is granted and the specific dollar amounts of unliquidated damages are stricken from Plaintiff's complaint and Plaintiff's request that this case be transferred to the Court of Appeals for the Third Circuit is denied. The Magistrate Judge's Report and Recommendation dated May 11, 2017 (Doc. 42 ), hereby is adopted as the Opinion of the District Court. (kg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DAVID S. JOHNSON,
Plaintiff,
v.
CITY OF PITTSBURGH,
et.al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Civil Action No. 16-1068
Judge Cathy Bissoon
Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and
Local Rule of Civil Procedure 72.
On May 11, 2017, the Magistrate Judge issued a Report (Doc. 42) recommending that
Defendants’ motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docs. 24
and 32) be granted in part and denied in part. Service of the Report and Recommendation was
made on the parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
Defendants’ motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) are
GRANTED IN PART AND DENIED IN PART as follows:
(1) Plaintiff’s Fourth Amendment and First Amendment claims against the City of
Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police
Department are dismissed without prejudice;

(2) Defendants’ motion to dismiss Plaintiff’s Fourth Amendment claims against Officer
Falarico, Officer Visnich, Officers John Doe 1 and 2 for their conduct in relation to
Plaintiff’s investigative detention is denied;
(3) Plaintiff’s Fourth Amendment claims against Officer Falarico, Officer Visnich, Officers
John Doe 1 and 2 for their conduct in relation to seizing his personal property at the scene
of his arrest are dismissed with prejudice;
(4) Plaintiff’s access to the courts claims against Officer Falarico, Officer Visnich, Officers
John Doe 1 and 2 are dismissed with prejudice;
(5) Defendants’ motion to dismiss Plaintiff’s punitive damages claims is denied;
(6) Defendants’ motion to dismiss any official capacity suits against the individual officers is
granted;
(7) The University Defendants’ motion to strike specific dollar amounts of unliquidated
damages and Plaintiff’s “Statement to the Court – No Confidence” is granted and the
specific dollar amounts of unliquidated damages are stricken from Plaintiff’s complaint
and Plaintiff’s request that this case be transferred to the Court of Appeals for the Third
Circuit is denied.
The Magistrate Judge’s Report and Recommendation dated May 11, 2017, hereby is
adopted as the Opinion of the District Court.
IT IS SO ORDERED.

2

June 5, 2017

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
DAVID S. JOHNSON
620 Fallsway
Baltimore, MD 21202

3