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Montgomery v. City of Chester Police Dept

United States District Court, E.D. Pennsylvania
May 18, 2004
C.A. No. 02-1453 (E.D. Pa. May. 18, 2004)

Opinion

C.A. No. 02-1453.

May 18, 2004


MEMORANDUM OPINION AND ORDER


Jamere Montgomery filed this civil rights action against the Chester Police Department, its former Commissioner Wendell Butler, and Officers Kuryan, Jones and Schram. Presently before the court are Montgomery's motion for summary judgment and Butler's motion to dismiss. For the reasons which follow, Montgomery's motion is denied and Butler's motion is granted.

Montgomery filed this action on May 10, 2002. Butler and Schram were not named in the original complaint. By order of October 2, 2002, Montgomery was granted leave to file an amended complaint. He did not actually file it of record, however, until March 28, 2003. The amendment added Butler and Schram as defendants. Service upon Butler was made on August 22, 2003; service was returned unexecuted as to Schram. The allegations of the complaint concern Montgomery's arrest by Chester police on March 16, 2001. As the amended complaint was filed beyond the applicable two-year limitation period and, under Fed.R.Civ.P. 15(c)(3), does not relate back to the original, vis-a-vis Butler, we grant his motion to dismiss.

Montgomery's motion for summary judgment is based upon issues of fact that are clearly in dispute. Under Fed.R.Civ.P. 56, the motion must be denied.

ORDER

The motion of Wendell Butler to dismiss the amended complaint of Jamere Montgomery is GRANTED. Wendell Butler is DISMISSED as a party defendant to this action.

The motion of Jamere Montgomery for summary judgment is DENIED.

Trial of this case shall take place on Monday, August 2, 2004 in Courtroom 6B, United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania at 10:00 a.m.

IT IS SO ORDERED.


Summaries of

Montgomery v. City of Chester Police Dept

United States District Court, E.D. Pennsylvania
May 18, 2004
C.A. No. 02-1453 (E.D. Pa. May. 18, 2004)
Case details for

Montgomery v. City of Chester Police Dept

Case Details

Full title:JAMERE MONTGOMERY v. CITY OF CHESTER POLICE DEPT., ET AL

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

Date published: May 18, 2004

Citations

C.A. No. 02-1453 (E.D. Pa. May. 18, 2004)