Larry Kermit Rankin v. Lieutenant Michael Cinko, CO2 Sergeant A. Boring and CO1 T. Walker

Summary

The United States District Court for the Western District of Pennsylvania adopted a magistrate judge’s Report and Recommendation concerning a prisoner’s 42 U.S.C. § 1983 claims arising from an allegedly unreasonable visual body cavity search. The court granted in part and denied in part the defendants’ motion for summary judgment, dismissing official-capacity, declaratory, and injunctive-relief claims while allowing the Fourth Amendment claims against the defendants in their individual capacities to proceed.

Holdings

1. The plaintiff's claims for declaratory and injunctive relief were inappropriate given the posture of the case and were dismissed with prejudice.
2. The official-capacity claims against the defendants were dismissed because the defendants were protected by Eleventh Amendment sovereign immunity.
3. Summary judgment was denied as to the plaintiff's Fourth Amendment claims because the defendants failed to carry their burden for entry of judgment in their favor.

Questions Presented

1. Whether the plaintiff's claims for declaratory and injunctive relief were appropriate given the posture of the case.
2. Whether the defendants were entitled to summary judgment on the plaintiff's official-capacity claims based on Eleventh Amendment sovereign immunity.
3. Whether the defendants were entitled to summary judgment on the plaintiff's Fourth Amendment claims.

Disposition

other