BATCH v. LAURICIA et al

Filing 76

MEMORANDUM ORDER adopting 75 Report and Recommendation. IT IS HEREBY ORDERED that 55 Motion to Dismiss and 59 Motion to Dismiss are GRANTED, and 61 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART as more fully set forth in said order. IT IS FURTHER ORDERED that the Chief Magistrate Judge's 75 Report and Recommendation is adopted as the Opinion of the District Court. Signed by Judge Christy Criswell Wiegand on 9/8/2021. (jmm)

Case 2:19-cv-01046-CCW-CRE Document 76 Filed 09/08/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CHRISTOPHER BATCH,
2:19-CV-01046-CCW

Plaintiff,

District Judge Christy Criswell Wiegand
Chief Magistrate Judge Cynthia Reed Eddy

v.
JOSEPH LAURICIA, et al.

ECF Nos. 55, 59, 61

Defendants.

MEMORANDUM ORDER

This case has been referred to Chief 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 August 16, 2021, the Magistrate Judge issued a Report, ECF No. 75, recommending
that: (i) the Westmoreland County ADAs’ (Defendants James Lazar, Pete Carwello, and John
Petrush) Second Motion to Dismiss for Failure to State a Claim, ECF No. 55, be granted in its
entirety and Plaintiff’s claims against the Westmoreland County ADAs be dismissed with
prejudice; (ii) Judicial Defendants’ (Defendants Christiann Flanigan and Christopher Feliciani)
Second Motion to Dismiss, ECF No. 59, be granted in its entirety and Plaintiff's claims against
the Judicial Defendants be dismissed with prejudice; and (iii) PSP Troopers’ (Defendants Jason
Morgan and Joseph Lauricia) Motion to Dismiss, ECF No. 61, 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.

Case 2:19-cv-01046-CCW-CRE Document 76 Filed 09/08/21 Page 2 of 3

After a review of the pleadings and documents in the case, together with the Report and
Recommendation, it hereby is ORDERED that (i) the Westmoreland County ADAs’ Second
Motion to Dismiss for Failure to State a Claim, ECF No. 55, is GRANTED; (ii) Judicial
Defendants’ Second Motion to Dismiss, ECF No. 59, is GRANTED; and (iii) PSP Troopers’
Motion to Dismiss, ECF No. 61, is GRANTED with respect to Plaintiff’s Fifth, Sixth, Eighth,
Ninth, and Fourteenth Amendment claims, Plaintiff’s claims for conspiracy under the Fourth
Amendment for false arrest and malicious prosecution, and Plaintiff’s constitutional defamation
claim, all of which should be dismissed with prejudice, and DENIED with respect to Plaintiff’s
claim for First Amendment retaliation, claim for conspiracy under the First Amendment, and
claims for common law defamation, intentional infliction of emotional distress and abuse of
process.
It is further ORDERED that the Chief Magistrate Judge’s Report and Recommendation,
ECF No. 75, is adopted as the Opinion of the District Court.
IT IS SO ORDERED.
DATED this 8th day of September, 2021.

BY THE COURT:
/s/ Christy Criswell Wiegand
CHRISTY CRISWELL WIEGAND
United States District Judge
cc :
The Honorable Cynthia Reed Eddy
Chief Magistrate Judge

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Case 2:19-cv-01046-CCW-CRE Document 76 Filed 09/08/21 Page 3 of 3

Christopher Batch
433 Parkwood Road Pittsburgh, PA 15210
All Counsel of Record via CM/ECF

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