MUNCHINSKI v. SOLOMON et al
| Pennsylvania Western District Court | |
| Judge: | David S Cercone |
| Case #: | 2:13-cv-01280 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 03, 2013 |
| Terminated: | Aug 15, 2017 |
| Last checked: Wednesday Dec 31, 2014 6:58 AM EST |
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Defendant
DANA L. FAYOCK
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Represented By
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Defendant
JOHN A. KOPAS, III
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Represented By
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Defendant
GERALD SOLOMON
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Represented By
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Defendant
RALPH WARMAN
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Represented By
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Evaluator
ROBERT J. CINDRICH
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Represented By
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Plaintiff
DAVID MUNCHINSKI
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Represented By
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GPO
Jun 27 2017
of his rights under the Sixth and Fourteenth Amendments to the United States Constitution, the motion is GRANTED. In all other aspects, the motion is DENIED; (2) The Motion for Summary Judgment filed on behalf of Gerald Solomon (Docket No. 129) is granted in part and denied in part. Solomon's motion for summary judgment on Plaintiff's claims under 42 U.S.C. § 1983 alleging malicious prosecution is GRANTED. In all other aspects, the motion is DENIED; (3) The Motion for Summary MEMORANDUM OPINION & ORDER as follows: (1) The Motion for Summary Judgment filed on behalf of Dana L. Fayock (Docket No. 125) is granted in part and denied in part. With regard to Plaintiff's claim under 42 U.S.C. § 1983 alleging violationJudgment filed on behalf of Ralph Warman (Docket No. 132) is granted in part and denied in part. Warman's motion for summary judgment on Plaintiff's claims under 42 U.S.C. § 1983 alleging malicious prosecution is GRANTED. In all other aspects, the motion is DENIED; and (4) The Motion for Summary Judgment filed on behalf of David Munchinski (Docket No. 136) is granted in part and denied in part. The motion is GRANTED to the extent the Court finds Plaintiff's rights under Brady v. Maryland were violated by Warman for the intentional revision of the Goodwin Report, and by both Warman and Solomon for their suppression of the following exculpatory evidence: (1) the Bates Report; (2) the Goodwin/Powell Report; (3) the Powell Addendum; (4) Alfords Autopsy Addendum; (5) the Mangiacarne/Carbone Report; (6) the Kinch Report; (7) Bowen's Parole Revocation Documents; (8) the Dunkard/Proud Report; (9) the Veil/Mangello Report; and (10) the Madden/Lucy Report. In all other aspects, the motion is DENIED.Signed by Judge David S. Cercone on 6/27/17. (jmc) |