Tracy Walsh and Danielle Burke

    Prevailed in securing a complete dismissal of a police officer in York County on a Rule 12(b)(6) motion to dismiss in U.S. District Court for the Middle District of PA. The plaintiff is a pro se prisoner incarcerated in a state correctional facility who alleged that the police officer violated his constitutional rights, asserting claims for false arrest, false imprisonment, malicious prosecution and abuse of process. The magistrate judge issued a report and recommendation, recommending that all of the claims against the police officer be dismissed, finding that probable cause existed for the police officer to arrest the plaintiff on charges which resulted in the plaintiff’s conviction of possession of instruments of crime, simple assault and harassment. The magistrate judge also recommended dismissal of the plaintiff’s selective prosecution claim and RICO violation claim alleged against the police officer. Finally, the magistrate judge determined that the police officer was entitled to qualified immunity.
    back to top