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Shan William Chilcott v. City Erie

April 13, 2012

SHAN WILLIAM CHILCOTT, PLAINTIFF ,
v.
CITY ERIE, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Baxter

MEMORANDUM OPINION AND ORDER*fn1

M.J. Susan Paradise Baxter

Procedural History

This action will be dismissed as legally frivolous in accordance with 28 U.S.C. §1915(e) and the motion for leave to proceed in forma pauperis [ECF No. 4] will be dismissed as moot. Additionally, Plaintiff's motions for preliminary injunction [ECF No. 7 and 8] and Plaintiff's motion to consolidate [ECF No. 6] are dismissed as moot.*fn2

On February 22, 2012, Plaintiff filed the instant action. At the time of the filing of the complaint, Plaintiff was incarcerated at Erie County Prison. See ECF No. 1-2, page 1. Shortly thereafter, he filed a motion for leave to proceed in forma pauperis. In his pro se complaint, Plaintiff names the following Defendants: City [of] Erie; Rite Aid; City's Agency Erie; Work Release Prison; and Domestic Relations. Plaintiff seeks $150,000 in punitive damages.

Plaintiff summarizes his claims as follows:

City of Erie Erie Police detained me outside my home, took my gun's (sic) without any warrant. They searched my house from top to bottom[.] They had no warrant[.] Sentenced me to 6 months without given (sic) me a (sic) attorney or chance to fight my charges[.] Rite Aid beat me up and unlawfully detained me. Work Release violated 4th Amendment rights and Americans with Disabilities Act and Cross Road they discriminated against me.

ECF No. 1, page 4.

More specifically, Plaintiff alleges:

1) In July 2010 Erie police detained me outside my house and searched and seized 12 guns from my house[.] They had no warrants[.] They violated 4th Amendment rights of the Plaintiff.

Relief 150 thousand[.] There was similar case in Pittsburgh couple years ago[.] They got pretty (sic) good amount in punitive award plus would like guns returned.

2) January 6th 2012. I have been a Rite Aid costermer (sic) for last 15 years[.] I have never shoplifted anything from any store ever not even as a kid[.] I started new medication witch (sic) I get from Rite Aid[.] On December 14, 2011 the medication made me disoriented and confused[.] On January 6th I had a list of things I wanted to buy at Rite Aid and I would grab item and stick it in bag[.] Two employees roughed me up and charged me with stealing[.] I had money to buy items and never resisted[.] I feel Rite Aid violated my civel (sic) rights.

Relief 150 thousand.

3) December 6th City Erie sentenced me 6th months made purge to high[.] Didn't give me a lawyer[.] Didn't stay the contempt when I asked for hearing within ten days. Didn't let me go even after they got evidence of my innocents (sic). There (sic) guilty of [malicious prosecution], false imprisonment ...


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