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McClendon-Samuels v. Pocano Mountain Regional Police Department

United States District Court, M.D. Pennsylvania

March 12, 2014

KAMAR SAMUELS and MOZELLA McCLENDON-SAMUELS, Plaintiffs,
v.
POCANO MOUNTAIN REGIONAL POLICE DEPARTMENT, et al., Defendants.

ORDER

A. RICHARD CAPUTO, District Judge.

NOW, this 12th day of March, 2014, upon review of the Report and Recommendation of Magistrate Judge Carlson (Doc. 11) for plain error or manifest injustice, IT IS HEREBY ORDERED that the Report & Recommendation (Doc. 11) is ADOPTED as follows:

(1) Defendants' motions to dismiss (Docs. 7 and 8) are GRANTED in part and DENIED in part as follows:
(a) Defendants' motions to dismiss Plaintiffs' claim for malicious prosecution (Count I) are GRANTED and this claim is DISMISSED with prejudice. As Officer Schmidt is named in Count I Only, he is DISMISSED as a Defendant.
(b) Defendants' motions to dismiss Plaintiffs' claim for punitive damages against the Municipalities are GRANTED and this claim is DISMISSED with prejudice.
(c) In all other respects, Defendants' motions to dismiss are DENIED. The parties are instructed to proceed with discovery regarding Plaintiffs' remaining claims for unlawful arrest, excessive force, and municipal liability set forth in Counts II, III, and IV of the Complaint.
(2) The matter is RECOMMITTED to Magistrate Judge Carlson for further proceedings.

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