Plaintiff Hackbart alleges that Defendants the City of Pittsburgh and Sargeant Brian Elledge violated his rights under the First, Fourth and Fourteenth Amendments to the Constitution of the United States by engaging in custom, pattern, practice and/or policy of authorizing its officers to issue citations under Pennsylvania’s disorderly conduct statute based upon the use of profane, but not obscene, language and gestures which are expressions protected by the First Amendment. Plaintiff further alleged that the City fails to appropriately train, supervise and discipline officers who issue disorderly conduct citations in violation of citizens’ rights of free expression.
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Date Filed
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Docket Text
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| February 8, 2007 |
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COMPLAINT against THE CITY OF PITTSBURGH, BRIAN ELLEDGE ( Filing fee $ 350 receipt number 07-2485), filed by DAVID HACKBART. (Attachments: # 1 Civil Cover Sheet # 2 Supplement to Civil Cover Sheet # 3 Summons for The City of Pittsburgh # 4 Summons for Sgt. Brian Elledge#
5 Receipt #07-2485 for filing fee)(ksa) (Entered: February 8, 2007)
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| February 8, 2007 |
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Summons Issued as to THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (ksa) (Entered: February 8, 2007)
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| February 12, 2007 |
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NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution Program. The parties are directed to fully
complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant)
shall make service of the notice on all parties.(njt) (Entered: February 12, 2007)
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| February 19, 2007 |
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SUMMONS/Return of Service Returned Executed by DAVID HACKBART. BRIAN ELLEDGE served on 2/15/2007, answer due 3/7/2007. (Farrell, Thomas) (Entered: February 19, 2007)
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| February 19, 2007 |
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SUMMONS/Return of Service Returned Executed by DAVID HACKBART. THE CITY OF PITTSBURGH served on 2/15/2007, answer due 3/7/2007. (Farrell, Thomas) (Entered: February 19, 2007)
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| February 19, 2007 |
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NOTICE of Appearance by Valerie M. Antonette on behalf of DAVID HACKBART (Antonette, Valerie) (Entered: February 19, 2007)
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| February 19, 2007 |
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NOTICE of Appearance by Witold J. Walczak on behalf of DAVID HACKBART (Walczak, Witold) (Entered: February 19, 2007)
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| March 2, 2007 |
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NOTICE of Appearance by Sara Rose on behalf of DAVID HACKBART (Rose, Sara) (Entered: March 2, 2007)
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| March 5, 2007 |
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NOTICE of Appearance by Michael E. Kennedy on behalf of THE CITY OF PITTSBURGH (Kennedy, Michael) (Entered: March 5, 2007)
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| March 7, 2007 |
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ANSWER to Complaint by BRIAN ELLEDGE.(Campbell, Bryan) (Entered: March 7, 2007)
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| March 12, 2007 |
10
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ANSWER to Complaint with Jury Demand and AFFIRMATIVE DEFENSES by THE CITY OF PITTSBURGH.(Kennedy, Michael) (Entered: March 12, 2007)
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| March 14, 2007 |
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ORDER scheduling Initial Case Management Conference for 6/4/07 at 11:00 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 4/13/07. Stipulation
Selecting ADR Process and Rule 26 Meeting Report due by 5/4/07. Signed by Judge David S. Cercone on 3/14/07. (Attachments: # 1
Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form)(njt) (Entered: March 14, 2007)
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| March 26, 2007 |
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NOTICE of Hearing: Initial Case Management Conference rescheduled to 6/11/2007 at 11:00 AM in Courtroom 7A before Judge David S. Cercone. (njt) (Entered: March 26, 2007)
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| May 4, 2007 |
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REPORT of Rule 26(f) Planning Meeting. (Farrell, Thomas) (Entered: May 4, 2007)
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| May 4, 2007 |
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STIPULATION selecting ADR process by DAVID HACKBART(Farrell, Thomas) (Entered: May 4, 2007)
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| June 11, 2007 |
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Minute Entry for Case Management Conference held on 6/11/2007 before Judge David S. Cercone : Sara J. Rose, Esq. appointed lead counsel. Parties have agreed on Patrick Sorek, Esq. as the
neutral for Early Neutral Evaluation. Notice must be sent to the Court within two (2) weeks regarding the date, time and place of the session. Session actually already scheduled for June
27, 2007. Discovery to close November 12, 2007. Order to follow. (Court Reporter: None) (jmc) Modified on 6/12/2007 to indicate there was no court reporter (ksa). (Entered: June 11, 2007)
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| June 14, 2007 |
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CASE MANAGEMENT ORDER: Post-Discovery Status Conference set for 11/29/2007 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Parties to move to amend pleadings and/or add parties
by 10/15/2007. Discovery ends 11/13/2007. Plaintiff's Pretrial Statement due by 12/13/2007. Defendants' Pretrial Statement due by 1/11/08. Pretrial Stipulation due by 1/22/08. Motions for
Summary Judgment due by 2/21/08. Signed by Judge David S. Cercone on 6/14/07. (njt) (Entered: June 14, 2007)
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| June 14, 2007 |
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ORDER REFERRING CASE to Early Neutral Evaluation. Patrick Sorek is appointed as an evaluator. ENE conference shall be conducted by 8/11/07. The report of Evaluator shall be electronically
filed within 7 days of the ENE conference. Notice of ENE conference date to be filed by 6/25/07. Sara J. Rose is designated as lead counsel. Evaluator PATRICK SOREK added. Signed by Judge
David S. Cercone on 6/14/07. (njt) (Entered: June 14, 2007)
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| June 27, 2007 |
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REPORT of Early Neutral Evaluation. Settlement has not been reached. Amount of discovery conducted: Defendants have served written discovery. For cases participating in the Court's ADR
pilot project, the parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The
questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. ENE session was held on 6/27/2007.(Sorek, Patrick) Modified on 6/28/2007 to correct typos (ksa).
(Entered: June 27, 2007)
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| August 23, 2007 |
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STIPULATION for Confidential Litigation Materials by DAVID HACKBART, THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Kennedy, Michael) (Entered: August 23, 2007)
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| October 31, 2007 |
20
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Joint MOTION for Extension of Time to Complete Discovery by DAVID HACKBART. (Attachments: # 1 Proposed Order)(Rose, Sara)
(Entered: October 31, 2007)
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| November 8, 2007 |
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ORDER granting 20 Joint Motion for Extension of Time to Complete Discovery. Discovery due by 1/11/2008. Plaintiff's Pretrial
Statement due by 2/11/2008. Defendants' Pretrial Statement due by 3/13/2008. Pretrial Stipulation due by 3/24/2008. Motions for Summary Judgment due by 4/23/2008. Signed by Judge David S.
Cercone on 11/8/07. (njt) (Entered: November 8, 2007)
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| March 14, 2008 |
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MOTION to Hold Status Conference by DAVID HACKBART. (Rose, Sara) Modified on 3/17/2008 to correctly title motion (ksa). (Entered: March 14, 2008)
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| March 17, 2008 |
23
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Unopposed MOTION for Extension of Time to File Pretrial Statements and Dispositive Motions by DAVID HACKBART. (Attachments: # 1 Proposed Order) (Rose, Sara) (Entered: March 17, 2008)
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| March 27, 2008 |
24
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PRETRIAL STATEMENT filed by DAVID HACKBART. (Rose, Sara) (Entered: March 27, 2008)
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| March 31, 2008 |
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ORDER granting 23 plaintiff's Unopposed Motion for Extension of Time to File Pretrial Statements and Dispositive Motions.
Plaintiff's Pretrial Statement due by 3/27/2008. Defendants' Pretrial Statement due by 4/27/2008. Pretrial Stipulation due by 5/8/2008. Motions for Summary Judgment due by 6/6/2008.
Signed by Judge David S. Cercone on 3/26/08. (njt) (Entered: March 31, 2008)
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| March 31, 2008 |
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ORDER denied as moot 22 plaintiff's Motion to Hold Status Conference. Signed by Judge David S. Cercone on 3/31/08. Text-only
entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (njt) (Entered: March 31, 2008)
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| May 1, 2008 |
26
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PRETRIAL STATEMENT filed by THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Kennedy, Michael) (Entered: May 1, 2008)
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| May 12, 2008 |
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Pretrial Stipulation by DAVID HACKBART, THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Rose, Sara) (Entered: May 12, 2008)
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| May 27, 2008 |
28
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Unopposed MOTION for Extension of Time to File Dispositive Motions by DAVID HACKBART. (Attachments: # 1 Proposed Order)
(Rose, Sara) (Entered: May 27, 2008)
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| June 3, 2008 |
29
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ORDER granting 28 plaintiff's Unopposed Motion for Extension of Time to File Dispositive Motions. Motions for Summary Judgment
due by 7/7/2008. Signed by Judge David S. Cercone on 5/30/08. (njt) (Entered: June 3, 2008)
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| July 7, 2008 |
30
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Joint MOTION for Summary Judgment by THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Kennedy, Michael) (Entered: July 7, 2008)
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| July 7, 2008 |
31
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Joint CONCISE STATEMENT OF MATERIAL FACTS re 30 Motion for Summary Judgment, by THE CITY OF PITTSBURGH, BRIAN ELLEDGE.
(Kennedy, Michael) (Entered: July 7, 2008)
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| July 7, 2008 |
32
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BRIEF in Support re 30 Motion for Summary Judgment filed by THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Kennedy, Michael)
(Entered: July 7, 2008)
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| July 7, 2008 |
33
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Appendix to 32 Brief in Support of Motion, 31 Concise Statement
of Material Facts, 30 Motion for Summary Judgment by THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Kennedy, Michael) (Entered: July 7, 2008)
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| July 7, 2008 |
34
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MOTION for Summary Judgment by DAVID HACKBART. (Attachments: # 1 Proposed Order) (Rose, Sara) (Entered: July 7, 2008)
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| July 7, 2008 |
35
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CONCISE STATEMENT OF MATERIAL FACTS re 34 Motion for Summary Judgment, by DAVID HACKBART. (Antonette, Valerie) (Entered:
07/07/2008)
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| July 7, 2008 |
36
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Appendix to 34 Motion for Summary Judgment, 35 Concise Statement
of Material Facts by DAVID HACKBART. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F, # 7 Appendix G, # 8 Appendix H, # 9 Appendix I, # 10 Appendix J, # 11 Appendix K, # 12 Appendix L, # 13 Appendix M - Part 1, # 14 Appendix M - Part 2, # 15 Appendix M - Part 3, # 16 Appendix M - Part 4, # 17 Appendix N, # 18 Appendix O, # 19 Appendix P) (Antonette, Valerie) (Entered:
07/07/2008)
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| July 7, 2008 |
37
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BRIEF in Support re 34 Motion for Summary Judgment filed by DAVID HACKBART. (Rose, Sara) (Entered: July 7, 2008)
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| August 6, 2008 |
38
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RESPONSE to 31 Concise Statement of Material Facts, filed by DAVID HACKBART. (Antonette, Valerie) (Entered: August 6, 2008)
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| August 6, 2008 |
39
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BRIEF in Opposition re 30 Motion for Summary Judgment filed by DAVID HACKBART. (Antonette, Valerie) (Entered: August 6, 2008)
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| August 7, 2008 |
40
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Joint MOTION for Extension of Time to File Response/Reply as to 37 Brief in Support of Motion, 34 MOTION for Summary Judgment, 36 Appendix,, 35 Concise Statement of Material Facts by THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Attachments: # 1 Proposed Order) (Kennedy, Michael) (Entered: August 7, 2008)
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| August 14, 2008 |
41
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ORDER granting 40 defendants' Joint Motion for Extension of Time to File a Response to 34 plaintiff's MOTION for Summary Judgment. Defendants' Response due by 8/15/2008. Signed by Judge David S. Cercone on 8/11/08. (njt)
(Entered: August 14, 2008)
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| August 15, 2008 |
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RESPONSE to 37 Brief in Support of Motion, 34 Motion for Summary
Judgment, 36 Appendix, 35 Concise Statement of Material Facts,
filed by THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Attachments: # 1 Appendix Excerpts from Donaldson, Elledge and Degler
Depositions) (Kennedy, Michael) (Entered: August 15, 2008)
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| August 15, 2008 |
43
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BRIEF in Opposition re 34 Motion for Summary Judgment filed by THE CITY OF PITTSBURGH, BRIAN ELLEDGE. (Kennedy, Michael)
(Entered: August 15, 2008)
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| March 23, 2009 |
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MEMORANDUM OPINION AND ORDER denying 30 Motion for Summary Judgment; granting in part and denying in part 34 Motion for Summary Judgment. Plaintiff's motion is GRANTED with regard to his claim against Defendant Elledge under 42 U.S.C. §
1983, alleging violation of his free speech rights under the First Amendment and violation of his right to be free of unreasonable search and seizure under the Fourth Amendment.
Plaintiffs motion is DENIED in all other respects. Signed by Judge David S. Cercone on 3/23/09. (jmc) (Entered: March 23, 2009)
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