MERRING v. CITY OF CARBONDALE, PENNSYLVANIA

No. 3:06cv895.

558 F.Supp.2d 540 (2008)

Benjamin Wayne MERRING, Pro Per and Ruhamah Clara Merring, his wife, Plaintiffs v. The CITY OF CARBONDALE, PENNSYLVANIA; Jeff Taylor, individually and an his official capacity as Chief of Police, Carbondale Police Department; Brian Bognatz, individually and in his official capacity as Sergeant Carbondale Police Department; Dominick Andidora, individually and in his official capacity as Officer of the Carbondale Police Department; the Commonwealth of Pennsylvania; Paul Caviston, individually and in his official capacity as Constable, Commonwealth of Pennsylvania; and Norman Lohrey, individually and in his official capacity as Constable, Commonwealth of Pennsylvania, Defendants.

United States District Court, M.D. Pennsylvania.

March 27, 2008.


Attorney(s) appearing for the Case

Benjamin Wayne Merring, Carbondale, PA, pro se.

Ruhamah Clara Merring, Carbondale, PA, pro se.

Robin B. Snyder, Marshall Dennehey Warner Coleman & Goggin, Scranton, PA, Sean P. McDonough, Dougherty, Leventhal & Price, L.L.P., Moosic, PA, for Defendants.


MEMORANDUM

JAMES M. MUNLEY, District Judge.

Before the court for disposition are the defendants' motions for summary judgment. The matter has been fully brief and is ripe for disposition.

Background

Plaintiffs assert that on July 6, 2005 at approximately 7 p.m., two Carbondale police officers, Defendants Brian Bognatz and Domnick Andidora, and two Pennsylvania Constables, Defendant Paul Caviston and John Doe, met in front of plaintiffs...

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