The opinion of the court was delivered by: Hon. John E. Jones III
THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:
This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Malachy E. Mannion (Doc. 10), filed on July 15, 2011, which recommends that this action be dismissed. Plaintiff Stephen Jiles ("Plaintiff" or "Jiles") filed objections to the R&R on August 1, 2011. (Doc. 12). Accordingly, this matter is ripe for disposition. For the reasons set forth below, the Court will accept the Magistrate Judge's R&R in part and reject it in part and permit the Plaintiff the opportunity to amend the complaint with respect to his claims against Defendants Judge Thomas Kelley and Jana Tallo.
Plaintiff, an inmate at the State Correctional Institution at Huntingdon, Pennsylvania, filed, pro se, the instant civil rights action pursuant to 42 U.S.C. § 1983 on June 10, 2011. (Doc. 1). Plaintiff also filed an application for leave to proceed in forma pauperis and a prisoner authorization form. (Docs. 6 and 7). Named as Defendants are as follows: the Spring Garden Police Department; Detective James Hott; Detective Keith Lightener; Detective Dony Harbaugh; Detective Thomas Kelley of the York City Police Department; Thomas Kelley, Judge of York County Court of Common Pleas; Thomas Kearny, District Attorney for the County of York; Jana Tallo, Assistant District Attorney; and several John Does. All Defendants are named in their official capacity only.
Plaintiff alleges that on March 27, 2009, Defendants Hott, Lightener, Harbaugh and Kelley, claiming to have a "body warrant" for the Plaintiff, forcefully entered a home believed to be the Plaintiff's and proceeded to conduct an illegal search and seizure. Plaintiff claims that the warrant was invalid and that the officers took items from the home unlawfully. Plaintiff further alleges that due to the personal, intimate relationship between Thomas Kelley, a York County Court of Common Pleas judge and Defendant Tallo, an Assistant District Attorney in York County, the Commonwealth was allowed the use of illegal evidence in the case against Plaintiff. Plaintiff also claims that Thomas Kearny, the York County District Attorney, was involved in his prosecution. Based on the foregoing facts, Plaintiff claims that his Fourth, Fifth and Fourteenth Amendment rights were violated. He seeks compensatory and punitive damages.
Magistrate Judge Mannion, reviewing the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), recommends that the action be dismissed. The Magistrate Judge makes the following conclusions:
(1) that the Spring Garden Police Department, a municipal police department, is not an appropriate defendant in a § 1983 action;
(2) Defendant Judge Kelley enjoys absolute immunity from suit under § 1983 for damages arising from his judicial acts;
(3) Defendants Kearney and Tallo, in their capacity as District Attorneys in York County, enjoy absolute prosecutorial immunity; and
(4) the remaining defendants, inasmuch as they are state officials being sued in their official capacities, enjoy Eleventh Amendment immunity.
Based on the foregoing conclusions, Magistrate Judge Mannion recommends complete ...