Filed: Apr. 09, 2014
Latest Update: Apr. 09, 2014
Summary: ORDER MITCHELL S. GOLDBERG, District Judge. AND NOW, this 9th day of April, 2014, upon consideration of "Defendant Borough of East Lansdowne's Motion to Dismiss Plaintiff's Complaint" (Doc. No. 14), "Defendants, Tina Selimis, Officer Albertoli, and Borough of Lansdowne's Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) and Motion to Strike Plaintiff's Amended Complaint Pursuant to Rule 12(f)" (Doc. No. 25), "Defendants', Paul McGrenera and Jesse Hartnett's, Motion to
Summary: ORDER MITCHELL S. GOLDBERG, District Judge. AND NOW, this 9th day of April, 2014, upon consideration of "Defendant Borough of East Lansdowne's Motion to Dismiss Plaintiff's Complaint" (Doc. No. 14), "Defendants, Tina Selimis, Officer Albertoli, and Borough of Lansdowne's Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) and Motion to Strike Plaintiff's Amended Complaint Pursuant to Rule 12(f)" (Doc. No. 25), "Defendants', Paul McGrenera and Jesse Hartnett's, Motion to ..
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ORDER
MITCHELL S. GOLDBERG, District Judge.
AND NOW, this 9th day of April, 2014, upon consideration of "Defendant Borough of East Lansdowne's Motion to Dismiss Plaintiff's Complaint" (Doc. No. 14), "Defendants, Tina Selimis, Officer Albertoli, and Borough of Lansdowne's Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) and Motion to Strike Plaintiff's Amended Complaint Pursuant to Rule 12(f)" (Doc. No. 25), "Defendants', Paul McGrenera and Jesse Hartnett's, Motion to Dismiss Plaintiff's First Amended Complaint" (Doc. No. 29), "Motion to Dismiss of Defendants, Borough of Yeadon and Officer Shawn Burns" (Doc. No. 33) and the responses thereto, and for the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that Defendants' Motions to Dismiss are GRANTED IN PART and DENIED IN PART such that:
— All claims found in Count I of the amended complaint are DISMISSED with the exception of the Fourth Amendment excessive use of force claims against the Defendant Officers and Defendant Boroughs;
— Counts II, IV, VI, VIII, IX and X of the amended complaint are DISMISSED in their entirety;
— The claims brought against the Defendant Boroughs under Count VII are DISMISSED;
— All claims brought against the Defendant Officers in their official capacities are DISMISSED;
— Plaintiff's requests for declaratory and injunctive relief are DISMISSED;
— The phrase "in part, motivated by their greed to collect overtime and racist desires to convict an African-American man they knew was innocent of the charges" is STRICKEN from the amended complaint; and
— The motions are DENIED with respect to the following claims: the excessive use of force claims against the Defendant Officers and the Defendant Boroughs under Count I; the Monell claim under Count III; the assault and battery claims against Officers McGrenera and Burns under Count V; and the intentional infliction of emotional distress claims against the Defendant Officers under Count VII.
