JOHNSON v. CITY OF ERIE, PA.

Civ. A. No. 93-18 Erie.

834 F.Supp. 873 (1993)

Junior JOHNSON and Joann Johnson, parents of David Johnson, deceased; Tiesha Johnson, Patsy Rosendary, as Personal Representative and Administratrix of the Estate of David Johnson and on behalf of David Johnson, Paulette Rosendary, a minor, by Patsy Rosendary, her guardian, Jomaal Fard Parramore, a minor, by Vora Parramore, his guardian, Nikisha Mims, a minor, by Cynthia Mims, her guardian, Plaintiffs, v. CITY OF ERIE, PENNSYLVANIA, City of Erie Police Department; Mayor Joyce Savocchio, Individually and in her capacity as Mayor of Erie, Pennsylvania; Chief Paul Dedionisio, Individually and in his capacity as Chief of Police of Erie, Pennsylvania; and Charles Bowers, David J. Shroeck, William J. Peters, Luke Yates and Does 1-7 as Police Officers of the City of Erie, Pennsylvania, Defendants.

United States District Court, W.D. Pennsylvania.

October 7, 1993.


Attorney(s) appearing for the Case

Melvin T. Toran, Sr., Erie, PA, for plaintiffs.

Gary D. Bax, Murphy Taylor & Trout, P.C., Erie, PA, for defendants.


MEMORANDUM OPINION

MENCER, District Judge.

This action was filed due to the death of David Johnson during a confrontation with officers of the City of Erie Police Department on July 16, 1991. Presently before the court is defendant's second motion to dismiss and/or strike plaintiffs' second amended complaint. For the following reasons, defendants' motion is denied in part and granted in part.

By previous order of this court, dated June 3,...

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