United States District Court, W.D. Pennsylvania
MICHAEL A. LUNA, Plaintiff
PTLM. ALLISON #442, PTLM. EDMONDS #431, PTLA. FATICA #461, and PTLM. EICHER #414
PARADISE BAXTER, UNITED STATES DISTRICT JUDGE
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION
TO DISMSIS [ECF NO. 27]
RICHARD A. LANZILLO, UNITED STATES MAGISTRATE JUDGE
respectfully recommended that Defendants' motion to
dismiss Plaintiffs Complaint pursuant to Fed. R. Civ. Pro.
12(b)(6) [ECF No. 27], be GRANTED.
24, 2018, Plaintiff Michael Luna ("Luna"), a pro se
litigant currently incarcerated at the State Correctional
Institution at Mercer ("SCI Mercer"), commenced
this action against City of Erie Police Officers Allison,
Edmonds, Fatica, and Eicher for civil rights violation under
42 U.S.C. §1983. ECF No. 12. Presently pending before
the Court is Defendants' motion to dismiss Luna's
Complaint pursuant to Rule 12(b)(6) of the Federal Rules of
Civil Procedure. ECF No. 27.
16, 2018, Luna filed his initial complaint along with a
motion for leave to proceed in forma pauperis. ECF No. 1. The
Court determined that Luna did not plead enough facts
regarding the actions of each Defendant and ordered him to
file an amended complaint. ECF No. 3. On May 27, 2018, Luna
filed an Amended Complaint. Based on this complaint, the
Court granted Luna in forma pauperis ("IFP")
status. Upon granting IFP status, the Clerk of Court combined
both filings (ECF No. 1-1 and ECF No. 7) and docketed them as
a single pleading with one attachment. ECF No. 12. That is
the operative pleading for purposes of the Defendants'
Motion to Dismiss.
Complaint is extremely sparse in terms of the facts
underlying his alleged claims. Both the Complaint and
accompanying attachment are short on detail, making it
difficult to form a complete picture of what Luna claims
happened to him on August 6, 2017, which Defendants took what
action or actions against him (and when they did so), and
exactly what led Luna to file this action. The following
facts, which the Court assumes to be true for purposes of
resolving this Motion, are taken directly from the Complaint.
Luna alleges that
On or about August 6, 2017 I Michael A. Luna was illegally
arbitrarily arrested, beat up, tazed [sic] and robbed from
said defendants. As well as forced to a strip search, and
thretend [sic] with a cavity search. After all this, I was
incarcerated unlawfully, and with all disregard of due
process of law.
ECF No. 12, p. 1. He faults the Defendants for not getting
"proper indictments, warrants and such things." ECF
No. 12-1, p. 1. Luna identifies these actions as violations
of his right to due process. Id. He further claims
that the Defendants "stripped me naked humiliated me and
forced me to sit in the holding cell in my underwear for
hours." Id. Finally, he states that his
motorcycle was "run over by the police vehicle" and
that he was "robbed" of a sum of money.
this lack of specific facts, the Court should construe
Luna's Complaint as raising the following claims:
1. A claim of illegal arrest under the Fourth Amendment (lack
of proper warrants, indictments and "such things");
2. A claim of unlawful search and seizure under the Fourth
Amendment (the strip search and ...