Devatt v. Lohenitz

Full title: RASHIM DEVATT, Plaintiff, v. MATTHEW J. LOHENITZ, DETECTIVE, INDIVIDUALLY…

Court: United States District Court, E.D. Pennsylvania

Date published: Sep 30, 2004

Civil Action No. 03-CV-5558 (E.D. Pa. Sep. 30, 2004)

Opinion

Civil Action No. 03-CV-5558.

September 30, 2004

Memorandum

JAMES KNOLL GARDNER, District Judge

Issue:

Defendants move for summary judgment. Specifically, Detective Lohenitz requests a grant of qualified immunity and official immunity, with summary judgment on the merits in the alternative. The City of Easton requests governmental immunity with summary judgment on the merits in the alternative. Plaintiff has identified no issue of material fact in dispute that permits his causes of action.

Recommendation:

That the court grant the motion and enter summary judgment in favor of defendants and against plaintiff. Please see the proposed, attached order and opinion.

Information:

The within civil action is a civil rights matter brought pursuant to 42 U.S.C. § 1983. It is before the court on federal question jurisdiction. See 28 U.S.C. § 1331. Venue appears appropriate because the facts and circumstances giving rise to plaintiff's cause of action occurred in Northampton County and defendants may be found in Northampton County. See 28 U.S.C. §§ 118, 1391. The notice of removal was filed on October 3, 2003.¹

1 Defendants aver that plaintiff filed his Complaint in state court on or about September 22, 2003.

Plaintiff is represented by Gregory L. Schell. Defendants are represented by David P. Karamessinis.

There is no jury demand

ORDER

NOW, this 30th day of September, 2004, upon consideration of Defendant, Detective Matthew J. Lohenitz and City of Easton's Motion for Summary Judgment filed July 30, 2004; upon consideration of Defendant, Detective Matthew J. Lohenitz and City of Easton's Exhibits in Support of Their Motion for Summary Judgment filed August 2, 2004; upon consideration of Plaintiff, Rashim DeVatt's Statement of Undisputed Facts in Opposition to Defendants' Motion for Summary Judgment and Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment filed August 26, 2004; upon consideration of the stipulated facts and record papers; and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that defendants' motion for summary judgment is granted.

IT IS FURTHER ORDERED that summary judgment is entered in favor of defendants and against plaintiff on all claims in plaintiff's Complaint.