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Banks et al v. Gallagher et al
State: Pennsylvania
Court: Pennsylvania Eastern District Court
Docket No: 3:2008cv01110
Case Date: 02/22/2011
Plaintiff: Banks et al
Defendant: Gallagher et al
Preview:Banks et al v. Gallagher et al

Doc. 155

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICHARD BANKS, et al., Plaintiffs, v. (JUDGE CAPUTO) KAREN GALLAGHER, et al., Defendants. MEMORANDUM CIVIL ACTION NO. 3:08-CV-1110

Presently before the Court is the report and recommendation of Magistrate Judge Malachy E. Mannion. (Doc. 151.) The report recommends that plaintiff Banks's motion for partial summary judgment (Doc. 62) be denied, that plaintiff McCarren's motion for partial summary judgment (Doc. 63) be denied, that plaintiff Meyer's motion for partial summary judgment (Doc. 64) be denied, and that defendants' motion for partial summary judgment (Doc. 71) against plaintiff Kraft be granted. The report further recommends that plaintiff Kraft be granted leave to amend the complaint only for the purpose of specifying that defendants Mariano and Gallagher are being sued in their individual capacities. I. Background The facts of this case have been exhaustively described in previous orders. Briefly, the claims in this action arose out of events occurring on May 9, 2008 at an Old Country Buffet restaurant in Dickson City. A group of individuals, including the plaintiffs, arrived at the family dining establishment at around 6:30 p.m. Several were openly carrying firearms. Eventually, the police were called and questioned some in the group in the restaurant's 1

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vestibule. Plaintiff Banks was arrested, handcuffed, and placed in the back of a police car. The plaintiffs contend that they were illegally detained. They brought this action1 pursuant to 42 U.S.C.
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