At a subsequent hearing, the kidnapping charge against Capone was dismissed.
Capone v. Roth, No. 123 (Court of Common Pleas, Montgomery County, April 17, 1985),
reprinted in App. at 42. The remaining criminal charges resulted in a
nolle prosequi. Commonwealth of Pennsylvania v. Capone, No. 1225–85 (Court of Common Pleas, Montgomery County, Aug. 5, 1985),
reprinted in App. at 352. Thereafter, Capone brought this suit under
§ 1983 against officers Marinelli and O'Neill, and their respective supervisors, police chiefs John Volpe and William Bambi. The complaint alleged violations of Capone's constitutional rights on grounds that there was no probable cause for his arrest and prosecution. In addition, he asserted related state law tort claims under pendent claim jurisdiction.