From Casetext: Smarter Legal Research

Ashton v. City of Uniontown

United States District Court, W.D. Pennsylvania
Mar 11, 2011
Civil Action No. 10-803 (W.D. Pa. Mar. 11, 2011)

Summary

finding a single closed-fist hit, though "inappropriate," did "not rise to conscience shocking behavior."

Summary of this case from Craddock v. Darby Borough

Opinion

Civil Action No. 10-803.

March 11, 2011


ORDER


AND NOW, this 11 day of March, 2011, after the plaintiffs, Kenneth A. Ashton, Sr. and William E. Ashton, filed an action in the above-captioned case, and after a motion to dismiss the Amended Complaint was submitted by all of the defendants, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until February 28, 2011 to file written objections thereto, and upon consideration of the objections filed by the plaintiffs, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation (Docket No. 28), which is adopted as the opinion of this Court,

IT IS ORDERED that defendant's motion to dismiss the Amended Complaint (Docket No. 20) is granted.

IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the plaintiff desires to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.


Summaries of

Ashton v. City of Uniontown

United States District Court, W.D. Pennsylvania
Mar 11, 2011
Civil Action No. 10-803 (W.D. Pa. Mar. 11, 2011)

finding a single closed-fist hit, though "inappropriate," did "not rise to conscience shocking behavior."

Summary of this case from Craddock v. Darby Borough
Case details for

Ashton v. City of Uniontown

Case Details

Full title:KENNETH A. ASHTON, SR. and WILLIAM E. ASHTON, Plaintiffs, v. CITY OF…

Court:United States District Court, W.D. Pennsylvania

Date published: Mar 11, 2011

Citations

Civil Action No. 10-803 (W.D. Pa. Mar. 11, 2011)

Citing Cases

Craddock v. Darby Borough

Courts in this Circuit and others have been reluctant to find that a fleeting incident of assault can be…