A 17-count civil rights lawsuit filed against the city of Allentown, the Allentown Police Department and four police officers has been dismissed on summary judgement by U.S. District Judge Joseph F. Leeson, Jr.
The lawsuit filed by Roeuth and Michael Raymond Morency alleged false arrest, false imprisonment and malicious prosecution in connection with Michael Morency’s June 15, 2018 arrest on charges of simple assault and disorderly conduct following a dispute with a neighbor and the neighbor’s son in which Morency displayed a handgun.
As a condition of bail on the charges, Michael Morency was not to be in the home if weapons were present.
The lawsuit also claimed that Michael Morency and his home were searched illegally and that while in custody police ransacked the home taking two guns and $2,000 in cash.
The city noted in its filings with the Court that officers Eric Blood and Matthew Diehl asked for and received permission from Roeuth Morency to enter and search the home. The city noted in its filings with the Court that police did not take anything. Plaintiffs did not contest that, in fact Roeuth Morency said she did not recall seeing officers take anything and she had the firearms removed and placed in a safety deposit box.
The charges against Michael Morency were dismissed at a preliminary hearing in July 2018.
In granting the city’s motion for Summary Judgement, Judge Leeson noted that Plaintiffs did not contest the city’s presentation of the facts.