Opinion

Saterstad v. Derry Township

Court
District Court, M.D. Pennsylvania
Filed
Dec 7, 2021
Cited by
0 cases
Authority
More cited than 29.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EDWARD SATERSTAD, : Civil No. 1:20-cv-0765

:

Plaintiff, :

:

v. :

:

DERRY TOWNSHIP, DENNIS :

ECKENRODE, and CHUCK :

WITMER, :

:

Defendants. : Judge Sylvia H. Rambo

MEMORANDUM

Before the court is a report and recommendation (“R&R”) (Doc. 50) of

Magistrate Judge Carlson in which he recommends that Plaintiff’s claims under 42

U.S.C. § 1983 be dismissed with prejudice and that his claims pursuant to

Pennsylvania law be dismissed without prejudice to Plaintiff endeavoring to bring

suit against the defendants in state court. On November 1, 2021, Plaintiff timely filed

objections (Doc. 51) to the R&R wherein he agrees with Magistrate Judge Carlson’s

recommendation but seeks to address some errors in the report. For the reasons that

follow, the court will adopt the R&R in part.

I. Background

Upon de novo review of the record, the court adopts the R&R’s statement of

facts and procedural history concerning this matter. Briefly, Plaintiff Edward

Saterstad (“Plaintiff”) initiated this action in April 2020 by filing a pro se complaint

in the Dauphin County Court of Common Pleas. Count I of the complaint asserted a

claim under 42 U.S.C. § 1983 “based on Fourth, Fifth and Fourteenth Amendments

Violation and Substantive Due Process Regarding Malicious Prosecution”; Count II

asserted a claim for common law malicious prosecution; Count III asserted a Section

1983 claim “based on Fourth, Fifth, and Fourteenth Amendments Violation

Regarding False Arrest and Falsification of Evidence”; Count IV asserted a claim

for conspiracy to violate 42 U.S.C. §1983; Count V asserted a claim for common

law conspiracy; and Counts VI asserted claims for punitive damages and intentional

infliction of emotional distress. Defendant Derry Township timely removed the

action to the United States District Court of the Middle District of Pennsylvania

based on federal question jurisdiction under 28 U.S.C. § 1331 (Doc. 1), and

subsequently filed a motion to dismiss the complaint for failure to state a claim (Doc.

2). The court dismissed the complaint in part, without prejudice, and granted

Plaintiff leave to amend the complaint in accordance with the requirements outlined

in the court’s opinion. (Docs. 15, 16.) In response, Plaintiff filed a second amended

complaint joining two additional defendants to the action, Officer Dennis Eckenrode

and Chuck Witmer, and removed Mary Saterstad as Plaintiff. On May 10, 2021,

Defendants Derry Township and Dennis Eckenrode moved to dismiss the complaint

(Doc. 36), and on May 21, 2021, Defendant Witmer separately moved to dismiss the

complaint (Doc. 42).

On May 25, 2021, Plaintiff filed a third amended complaint, alleging causes

of action for malicious prosecution, false imprisonment, common law civil

conspiracy, and punitive damages. The magistrate judge then issued an order

directing the Clerk of Court to lodge the third amended complaint as the operative

pleading in this case, dismissed the pending motions to dismiss as moot, and directed

that any additional motions to dismiss be filed no later than June 25, 2021.1 (Doc.

45.) On June 25, 2021, Defendants Derry Township and Dennis Eckenrode filed a

motion to dismiss the third amended complaint for failure to state a claim (Doc. 47),

followed by a brief in support (Doc. 48). On October 18, 2021, the magistrate judge

filed the instant R&R, recommending that “the defendants’ motion to dismiss the

plaintiff’s complaint (Docs. 2, 10)2 be granted and that the claims against these

defendants be dismissed.” (Doc. 50, p. 25.) Plaintiff timely filed objections to the

R&R in which he agrees with Judge Carlson’s finding that Plaintiff’s “claims are

1 Specifically, the order stated: “We believe [that the filing of the third amended complaint] has

substantive significance for the parties with respect to the pending motions to dismiss the prior

amended complaints filed by the defendants since, as a matter of law, an amended complaint takes

the place of any prior complaint, effectively invalidating the prior complaint . . . . Therefore, since

the prior amended complaints are now legal nullities the defendants’ motions to dismiss these prior

amended complaints, (Docs. 23, 30, 36, and 42), are DISMISSED as moot without prejudice to

the assertion of any defenses or dispositive motions that the defendants may believe are appropriate

with respect to the third amended complaint. Any such motions to dismiss the third amended

complaint should be filed on or before June 25, 2021.” (Doc. 45.)

2 The R&R incorrectly sites to a prior motion to dismiss that was disposed of by this court on

January 20, 2021 (Doc. 2) as well as a request for an extension of time filed by Plaintiff on June

9, 2020 (Doc. 10) and granted by this court on June 11, 2020 (Doc. 11). The only motion to dismiss

currently pending before the court is Defendant Derry Township and Dennis Eckendrode’s Motion

to Dismiss Third Amended Complaint Pursuant to Rule 12(b)(6). (Doc. 47.)

most appropriately addressed by the courts of Pennsylvania,” but aptly notes that

Defendant Chuck Witmer failed to file a motion to dismiss Plaintiff’s third amended

complaint in accordance with Magistrate Judge Carlson’s May 26, 2021

Memorandum and Order. (Doc. 45.) Plaintiff also emphasizes in his objections that

his third amended complaint does not assert any federal causes of action. (Id.)

II. Legal Standard

When objections are timely filed to a magistrate judge's report and

recommendation, the district court must conduct a de novo review of those portions

of the report to which objections are made. 28 U.S.C. § 636(b)(1); Brown v. Astrue,

649 F.3d 193, 195 (3d Cir. 2011). Although the standard is de novo, the extent of

review is committed to the sound discretion of the district judge, and the court may

rely on the recommendations of the magistrate judge to the extent it deems

proper. Rieder v. Apfel, 115 F. Supp. 2d 496, 499 (M.D. Pa. 2000) (citing United

States v. Raddatz, 447 U.S. 667, 676 (1980)). For those sections of the report and

recommendation to which no objection is made, the court should, as a matter of good

practice, “satisfy itself that there is no clear error on the face of the record in order

to accept the recommendation.” FED. R. CIV. P. 72(b), advisory committee notes; see

also Univac Dental Co. v. Dentsply Intern., Inc., 702 F. Supp. 2d 465, 469 (M.D.

Pa. 2010) (citation omitted). Regardless of whether timely objections are made, the

district court may accept, not accept, or modify, in whole or in part, the findings or

recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule

72.31.

III. Discussion

The court is satisfied that the R&R contains no clear error as to Defendants

Derry Township and Dennis Eckenrode and will therefore adopt the

recommendation to grant the motion to dismiss filed by these defendants. However,

as Plaintiff notes in his objections, Defendant Witmer failed to file a motion to

dismiss the third amended by June 25, 2021 as directed by the Magistrate Judge.

Nonetheless, because Plaintiff is no longer pursuing any federal causes of action

against any of the defendants, including Defendant Witmer (see Doc. 51, p. 2), the

court will adopt the report insofar as it recommends that the court decline to exercise

supplemental jurisdiction over the remaining state law claims and dismiss the

complaint without prejudice to Plaintiff bringing these claims in the appropriate state

court.

IV. Conclusion

For the reasons stated above, the R&R will be adopted in part and the

complaint will be dismissed without prejudice to Plaintiff bringing his state law

claims in the appropriate state court.

s/Sylvia H. Rambo

Sylvia H. Rambo

United States District Judge

Dated: December 7, 2021

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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