United States District Court, M.D. Pennsylvania
AARON J. BRESSI, Plaintiff,
JEFFREY BRENNEN, et al., Defendants.
Saporito Magistrate Judge.
Matthew W. Brann United States District Judge.
J. Bressi filed this 42 U.S.C. § 1983 complaint alleging
that numerous Defendants violated his constitutional
rights. In 2018, Magistrate Judge Joseph F.
Saporito, Jr., issued a Report and Recommendation
recommending that this Court dismiss Bressi's
complaint. Magistrate Judge Saporito noted that three
of Bressi's claims were barred by the statute of
limitations, six were barred by the favorable termination
rule, two failed to state a claim as a matter of law, and an
excessive force claim was not supported by sufficient factual
averments. This Court adopted the recommendation and
dismissed the complaint. Given the nature of the procedural bars
to several of Bressi's claims, this Court “granted
leave to amend only the excessive force claim that
has dismissed without prejudice.”
duly filed his amended complaint in which he expanded upon
his excessive force claim, but also reasserted several claims
that the Court did not grant leave to amend. As to the
excessive force claim, Bressi asserted that, for no apparent
reason, Officer Jeffrey Brennan “[w]rapped his hands
around my neck from my right side, and slammed me up against
the concrete cinder block wall . . .”Because the
amended complaint exceeded the scope of amendment permitted
by the Court, Magistrate Judge Saporito struck all claims
except the excessive force claim.
August 2019, Magistrate Judge Saporito issued a second Report
and Recommendation recommending that this Court grant
Defendants' motion to dismiss and dismiss Bressi's
excessive force claim. Specifically, Magistrate Judge Saporito
concluded that Bressi's complaint asserts only a de
minimis use of force, which is insufficient to support
an excessive force claim.
filed timely objections to the Report and Recommendation,
asserting that portions of his amended complaint should not
have been stricken, and asserting-in conclusory fashion-that
Brennan used excessive force. “If a party objects
timely to a magistrate judge's report and recommendation,
the district court must ‘make a de novo determination
of those portions of the report or specified proposed
findings or recommendations to which objection is
made.'” Regardless of whether timely objections
are made, district courts may accept, reject, or modify-in
whole or in part-the magistrate judge's findings or
novo review of Magistrate Judge Saporito's Report and
Recommendation, the Court finds no error in the conclusion
that Bressi has failed to state a claim for excessive
force. Moreover, because it is clear that
amendment would be futile, that claim will be dismissed with
prejudice. The Court further finds no error in
Magistrate Judge Saporito's earlier order striking
portions of Bressi's amended complaint that exceeded the
scope of amendment authorized by this Court. Consequently,
IT IS HEREBY ORDERED that:
1. Magistrate Judge Joseph F. Saporito, Jr.'s Report and
Recommendation (Doc. 73) is ADOPTED in its
2. Defendants' motion to dismiss (Doc. 48) is
GRANTED and Bressi's amended complaint
is DISMISSED with prejudice; and
3. The Clerk of Court is directed to CLOSE
 Doc. 1.
 Doc. 41.