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Randolph-Ali v. Steelton Police Department

United States District Court, M.D. Pennsylvania

January 18, 2017

SAMIRA RANDOLPH-ALI Plaintiff
v.
STEELTON POLICE DEPARTMENT et al Defendants

          ORDER

          Christopher C. Conner, Chief Judge United States

         AND NOW this 18th day of January 2017 upon consideration of the report (Doc 13) of Magistrate Judge Karoline Mehalchick issued following comprehensive review of the amended complaint (Doc 10) of pro se plaintiff Samira Randolph-Ali (“Randolph-Ali”) pursuant to 28 USC § 1915(e)(2)(B) wherein Judge Mehalchick recommends that the court dismiss the bulk of Randolph-Ali's federal civil rights and state law claims without leave to amend with several noted exceptions but allow Randolph-Ali's federal excessive force and state law assault and battery claims to proceed against a single defendant and it appearing that Randolph-Ali did not object to the report see Fed R Civ P 72(b) but that the Steelton Borough defendants did object in part (Doc 18) and following a de novo review of the contested portions of the report see Behar v Pa Dep't of Transp., 791 F.Supp.2d 383 389 (MD Pa 2011) (citing 28 USC § 636(b)(1)(C); Sample v Diecks, 885 F.2d 1099 1106 n3 (3d Cir 1989)) and applying a clear error standard of review to the uncontested portions see Cruz v Chater, 990 F.Supp. 375 376-78 (MD Pa 1999) the court finding Judge Mehalchick's exhaustive analysis to be thorough well- reasoned and fully supported by the record and finding the Steelton Borough defendants' objection to be without merit and fully addressed by the report[1] and in addition to our agreement with Judge Mehalchick's recommended disposition the court further observing that Randolph-Ali's request for sum certain damages (Doc 10 at 8) must be stricken from the amended complaint for violation of Local Rule of Court 81 see e.g. Altenbach v Ianuzzi, No 3:14-CV-1932 2015 WL 5688476 at *5 (MD Pa Sept 25 2015); Chen v Holt, No 3:12-CV-1817 2012 WL 360032 at *2 (MD Pa Jan 29 2013); Ortiz v Prison Bd Members, No 3:CV-08-2126 2011 WL 776195 at *2-3 (MD Pa Feb 28 2011) it is hereby ORDERED that:

         1 The report (Doc 13) of Magistrate Judge Mehalchick is ADOPTED

         2. The following claims are DISMISSED with prejudice:

a. All claims against District Attorney Edward Marsico and Assistant District Attorneys Katie Adams and Chris Jason on the ground of prosecutorial immunity;
b. Any claim against Dauphin County Social Services for Children and Youth caseworker Nicole Carter based on allegedly perjured testimony during Randolph-Ali's June 30, 2016 preliminary hearing on the ground of witness immunity;
c. All claims against Detective Anthony Minium and Officer Troy Elhaj for false arrest, false imprisonment, malicious prosecution, and invasion of privacy under either federal or state law based on Randolph-Ali's August 7, 2014 arrest;
d. Any claims against Detective William Shaub for invasion of privacy pursuant to 42 U.S.C. § 1983 or for defamation under state law based on Randolph-Ali's May 26, 2016 arrest; and
e. Any claims against Dauphin County Social Services for Children and Youth caseworker Nicole Carter for illegal seizure under the Fourth Amendment or a due process violation under the Fourteenth Amendment based on her involvement in the child abuse investigation that led to Randolph-Ali's May 26, 2016 arrest.

         3. The following claims are DISMISSED without prejudice:

a. Any claims against Dauphin County Social Services for Children and Youth caseworker Tia Hunt for lack of personal involvement;
b. All claims against Detective William Shaub and Officer William Shaffer for malicious prosecution, and against Detective William Shaub for false arrest, under either federal or state law, based on Randolph-Ali's May 26, 2016 arrest;
c. Any supervisory liability claim against Detective Anthony Minium on the basis of his role as acting chief of the Steelton Police Department at the time of ...

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