Plaintiff Lesoine brought this civil rights case alleging, inter alia, that Lackawanna County officials unlawfully searched her house and seized photographs, a computer and computer-related items. (Complaint, Doc. 1.) On May 3, 2000, this court determined, by summary adjudication, that the search warrants on which the officers relied were not founded on probable cause and failed to state with reasonable particularity the items to be seized. (Memorandum and Order, Doc. 61.) Presently before this court are Defendants’ motion pursuant to Federal Rule of Civil Procedure 59(e) for reconsideration of the summary adjudication. (Motion for Reconsideration, Doc. 67; Motion for Reconsideration, Doc. 70.)
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3:CV-98-0764 LESOINE v. COUNTY OF LACKAWANNA, et al.File:
3:CV-99-2116 BRONSON v. STANISH and LT. DAVENPORTFile:
Plaintiff, an inmate at the State Correctional Institution at Dallas (SCI-Dallas), filed the present 42 U.S.C. §1983 action on December 7, 1999. (Complaint, Doc. 1). Defendant Stanish is a physician at SCI-Dallas, where Defendant Davenport serves as a prison guard supervisor. Plaintiff alleges that Defendants used excessive force in removing him from his cell, that the conditions of his subsequent confinement in the Psychiatric Observation Room (POR) amounted to cruel and unusual punishment in violation of the Eighth Amendment, and that Defendants’ conduct was a retaliatory response, in violation of the First Amendment, to his having filed other civil actions against the Defendants. (Doc. 1.) Further details of Plaintiff’s allegations have been set forth in this court’s memoranda of August 17 and August 18, 2000. (Docs. 109, 110.)
3:CV-99-1402 BULLOCK v. HORN, et al.File:
Plaintiff Lamont Bullock is currently an inmate at the State Correctional Institution at Greene (SCI-Greene). He filed the present §1983 action on his own behalf, claiming that various prison officials acted unlawfully to deprive him of personal property, to deny him the use of funds deposited in his prison account, and to convert funds from that account to their own use. (Amended Complaint, Doc. 15.) Plaintiff asserts various constitutional violations including violation of his right of access to the courts, since depriving him of legal materials allegedly led to the dismissal of various lawsuits he was prosecuting pro se; violation of his First Amendment right to free exercise of his religion, since religious materials were allegedly among those taken by Defendants; violation of his Fourteenth Amendment right not to be deprived of property without due process of law; and violation of his right to assert his constitutional rights without suffering retaliation.
3:CV-00-0628 WILLIAM ROSENSTEIN & SONS CO. v. BBI PRODUCE, INC.File:
Plaintiff William Rosenstein & Sons Co. (Rosenstein) brought this libel action against Defendant BBI Produce (BBI) on April 6, 2000, alleging that BBI injured its reputation in the business community by publishing defamatory statements to various members of the Florida strawberry industry. (Complaint, Doc. 1.) On June 14, 2000, BBI filed a motion to dismiss for lack of in-personam jurisdiction and failure to state a claim upon which relief can be granted, or alternatively for a transfer to the Middle District of Florida under 28 U.S.C. § 1404(a). (Doc. 4.) This court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332. However, because Rosenstein has failed to establish that this court has either specific or general jurisdiction over the person of BBI, the motion to dismiss for lack of personal jurisdiction will be granted.
3:99-CV-1569 GADINSKI v. SHAMOKIN AREA COMMUNITY HOSPITALFile:
Defendant Shamokin Area Community Hospital hired the plaintiff in May 1995 as a physical therapist. Plaintiff continued with this employment until March 1997 at which time she took a maternity leave. The leave lasted until September 1997, except for two days when she was reactivated for physical therapy work. Pl. Dep. at 196. When plaintiff began her leave, she was not notified of her rights under the Family and Medical Leave Act of 1993 (hereinafter “FMLA”) in derogation of regu lations promulgated by the Department of Labor.Prior to her leave, defendant paid the plaintiff $44.00 an hour and she worked approximately twenty-four hours per w eek on av erage. When plaintiff sought to re turn to work in September 1997, she was told that the defendant did not need her services at that time, but might need them in the future.On September 4, 1 997, shortly after her failed attempt to return to her employment, the plaintiff began a second leave of absence. The purpose o f this second leave was to care for her seriously ill father. Plaintiff attempted to return to work on November 28, 1997, but the defendant informed her that no work was av ailable that day. In January 1998, the defendant offered plaintiff a position working forty-five hours per pay period at $24.00 per hour. Plaintiff declined the offer as she saw it as a $20.00 pay decrease and different work from what she was performing previously.
3:CV-98-2105 MATASAVAGE v. CORBY, et al.File:
On December 29, 1997, an individual forcibly pushed Karen Burnside, a church employee, from a chair at the Holy Rosary (the “Church”) Rectory in Scranton, Pennsylvania and stole a cash box containing more than $14,000 in “Smart Money” or cash value certificates (“Certificates”) which are redeemable at local stores for merchandise. (Pl.’s Comp., Doc. 1 ¶ 5.) Defendant Dan Corby, a police officer with the Scranton Police Department for 29 years, was assigned to investigate the Church robbery.
1:98-CV-608 RIEDER v. APFELFile:
Plaintiff filed applications for DIB on April 12, 1996, and protectively filed her application for SSI on October 29, 1996. Record (hereinafter “R.”) 66-69, 228-31. In those applications the plaintiff alleged an inability to work since April 3, 1995 due to seizures, depression, and pain and swelling in her right leg.1 Initially and upon a motion for reconsideration, the claim was denied and eventually came before an administrative law judge (hereinafter “ALJ”) on May 22, 1997. R. 45, 46-49, 52-54 Plaintiff was represented by counsel at the hearing .
1:CV-00-0070 KOITA, et al. v. JANET RENOJudge:File:
This pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 was filed by Jibril Koita, Gladwin Wilson, Maher Omari, Saleh Sherif, Celio De La Cruz, and Anh Le. When the case began, they were all aliens who were being detained by the Immigration and Naturalization Service (INS) while the INS pursued administrative steps to remove them from the United States.
3:00-CV-1169 DONATO v. USAFile:
Before the court for disposition is an appeal from the Bankruptcy Co urt which calls upon us to determine the correct valuation method for a piece of real estate located in Clarks Summit, Pennsylvania. The appellant is the United States of America, and the appellees/debtors of the bankruptcy are Joseph A. and Phyliss G. Donato.
1:CV-99-1516 ERIE INSURANCE EXCHANGE v. USAFile:
The complaint in this case was filed on August 20, 1999. The plaintiffs are the Erie Insurance Exchange and Jacob T. Hodge, Jr. The defendant is the United States of America. The cause of action is a Federal Tort Claims Act claim based upon a motor vehicle accident involving a United State Postal Service tractor-trailer. The jurisdiction of the court is under 28 U.S.C. § 1346(b). The parties consented to rroceed before a United States Magistrate Judge under 28 U.S.C. § 636(c). A non-jury trial was held on September 11, 2000.