Chief Judge Brann: Some of the misconduct Doe alleges involves violations of the law that are not his to pursue

Photo: Former Pennsylvania Attorney General and current Governor Josh Shapiro

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

It appears from the MEMORANDUM OPINION issued on Thursday by Matthew W. Brann, Chief United States District Judge; former Pennsylvania Attorney General and current Governor Josh Shapiro has a multitude of questions to answer regarding the decision his office made not to file criminal charges in case based on the criminal sexual assault of JOHN DOE #1 during the 2018 Williamsport Area High School baseball team trip in Myrtle Beach.

From the MEMORANDUM OPINION:

IV. CONCLUSION

Despite the unsettling nature of Doe’s allegations, he fails to demonstrate a legal basis for the remedies he seeks on his constitutional and state-law claims.

Some of the misconduct Doe alleges involves violations of the law that are not his to pursue.

As to some of those violations, the appropriate authorities have exercised their discretion not to act.

As to others, the Pennsylvania General Assembly has decided

that private civil actions are not the appropriate remedy.

That said, the Court will grant Doe leave to amend his pleading in accordance with the Court’s analysis. But for the foregoing reasons, the Court grants Defendants’ motions in part.

An appropriate Order follows.

BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge

In the 35-page MEMORANDUM OPINION issued on Thursday, Judge Brann meticulously refers to each and every alleged instance of potential criminal liability by the Defendants in the case and provides a road map for most if not all of the dismissed counts to be refiled in an Amended Complaint.

Brann goes even further by chiding those “appropriate authorities have exercised their discretion not to act”; in doing so, on reason and belief it is a calling out of their combined failures and potentially a challenge to reopen the case, which in the most plausible eventuality leads to criminal charges against those who failed to act in the case.

Messages have been sent seeking comment on this story, to the Office of Pennsylvania Attorney General as well as Governor Josh Shapiro.

The entire MEMORANDUM OPINION and ORDER are accessible by clicking the underlying links.

This is an exclusive and developing story on TalkWilliamsport.com.