The opinion of the court was delivered by: Magistrate Judge Smyser
The complaint was filed on February 4, 2010. By Order of May 6, 2010 (Doc. 17) all claims as to all defendants were dismissed except for the plaintiff's claims against defendants Brady and Leas that these defendants used unreasonable force against the plaintiff on March 17, 2008.
A non-jury trial was held on May 2, 2011. The witnesses were Kenneth Ashford, Eloise White, Shawn White, Dennis Leas, Cyprian Igwe, David Von Kronge, Dr. Donna Fehrenbach, Shawn Brady and John Brenneman. Exhibits were admitted, as indicated upon the Clerk's Exhibit Listing.
The plaintiff has not submitted proposed findings of fact or proposed conclusions of law. The defendants submitted proposed findings of fact and proposed conclusions of law (Doc. 56) prior to the trial and waived an opportunity to submit supplemental proposed findings and conclusions after trial.
Pursuant to Rule 52 of the Federal Rules of Civil Procedure, the material findings of fact and conclusions of law are set forth in the following pages.
The following facts are found based upon the evidence:
1. On March 17, 2008 at about 3:00 a.m. Kenneth Ashford, the plaintiff, was arrested by defendant Shawn Brady in the alley way behind the York County Judicial Center in York, Pennsylvania.
2. Defendant Brady arrested the plaintiff on the basis of evidence that the plaintiff had attempted to break into the York County Judicial Center.
3. Defendant Brady effected the arrest of the plaintiff by ordering the plaintiff to stop walking and to lie down on the pavement.
4. Defendant Brady displayed his baton when the plaintiff did not comply with defendant Brady's directive to the plaintiff to stop walking and to lie down.
5. When defendant Brady displayed his baton, the plaintiff did stop ...