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GARDNER v. LUZERNE COUNTY

No. 3:CV-07-1947.

645 F.Supp.2d 325 (2009)

Dawn GARDNER, Individually and as Administratrix of the Estate of Charlene Kim Dewitt a/k/a Charlene De Witt Keller, Deceased, Rebecca Jane Thompson, Custodian and Next Friend on behalf of R.E.D.T. a Minor, Plaintiffs v. LUZERNE COUNTY, Luzerne County District Attorney's Office, David W. Lupas, Individually and in his Official Capacity as District Attorney of Luzerne County, Gregory E. Fellerman, Individually and in his Official Capacity as Luzerne County Assistant District Attorney, Jane/John Doe I and II Individually and in their Official Capacity as Assistant District Attorneys, John/Jane Doe III and IV Individually and in their Official Capacity as Professional Personnel and Officers of Luzerne County Assistant District Attorney's Office, Frederick Nichols, Jr. Individually and in His Official Capacity as Constable/Police Officer, Office of the Attorney General Commonwealth of Pennsylvania Pharmaceuticals, Defendants.

United States District Court, M.D. Pennsylvania.

January 28, 2009.

Attorney(s) appearing for the Case

Lawrence M. Ludwig, Lawrence M. Ludwig, Esquire, Clarks Green, PA, for Plaintiffs.

Sean P. McDonough, Dougherty, Leventhal & Price, L.L.P., Moosic, PA, James J. Wilson, Marshall Dennehey Warner Coleman & Goggin, Scranton, PA, for Defendants.

MEMORANDUM

THOMAS I. VANASKIE, District Judge.

This case presents an unusual factual scenario that raises questions concerning the potential liability of state prosecutors where they impede the timely disposition of criminal charges and the defendant is murdered by a known threat to her safety before the defendant can plead guilty and re-locate to another jurisdiction. Plaintiffs Dawn Gardner, individually and as administratrix of the Estate of Charlene...

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