After the motion was briefed, Judge Mehalchick filed a report and recommendation, (Doc. The defendants filed a motion to dismiss under Fed.R.Civ.P.
The plaintiff sues these four defendants in both their individual and official capacities. Defendants Frederick, Sinton, Herring and Bachart were police officers with the Rush Township Police Department during the relevant times. After his motion was granted, his complaint was served on the defendants, namely, sergeant Duane Frederick, officer Adam Sinton, Jr., officer Corey Herring, officer Carl Bachart, and Rush Township, Schuylkill County, Pennsylvania. He also filed a motion to proceed in forma pauperis. He asserts several constitutional claims under the Fourth, Fifth and Fourteenth Amendments as well as state law tort claims. §1983, with an exhibit construed as part of his complaint. Postie, formerly an inmate at SCI-Frackville, and currently an inmate at SCI-Mercer, filed this civil rights action under 42 U.S.C. On February 21, 2014, the plaintiff, Frederick A. The court will limit its discussion of the background as it pertains to the specific objections which plaintiff filed. 1994) (In considering a motion to dismiss under Rule 12(b)(6), the court "may also consider matters of public record, orders, exhibits attached to the complaint and items appearing in the record of the case.") (citations omitted). 22, at 6-12), that is largely based on state court records of which the court takes judicial notice, and since plaintiff's claims implicate his underlying criminal cases, the court does not fully repeat the background herein. Since the report and recommendation thoroughly details the lengthy background of plaintiff's state criminal history and his instant §1983 civil rights claims, (Doc. Therefore, the defendants' motion to dismiss will be granted, in part, and denied, in part. 23), which have been briefed.įor the following reasons, the court will adopt, in part, the report and recommendation and will sustain the plaintiff's objections regarding the determination that Heck precludes his constitutional claims. The plaintiff filed objections to the report and recommendation, (Doc.
Judge Mehalchick also recommends that the court decline to exercise supplemental jurisdiction over the plaintiff's state law tort claims and that these claims be dismissed without prejudice. Judge Mehalchick finds that it would be futile to allow plaintiff to amend his complaint. 1), be dismissed with prejudice regarding all federal claims for failure to state a claim and since they are Heck barred.
Fred postie times news pro#
15), be granted and plaintiff's pro se civil rights complaint, (Doc. 22), recommending that defendants' motion to dismiss, (Doc. Before the court is the Decemreport and recommendation of Judge Mehalchick, (Doc.