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BRANTLEY v. WYSOCKI, 14-4185. (2015)

Court: District Court, E.D. Pennsylvania Number: infdco20150616b36 Visitors: 4
Filed: Jun. 15, 2015
Latest Update: Jun. 15, 2015
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW this 15 th day of June 2015, upon consideration of Defendants' Motions to Dismiss Plaintiff's Second Amended Complaint (ECF Doc. Nos. 37, 38), Plaintiff's Response and Supplemental Memorandum (ECF Doc. Nos. 45, 51) and after oral argument, it is ORDERED Defendants' Motions are GRANTED IN PART and DENIED IN PART. Defendants' Motions are GRANTED as to: any claim against unnamed John Does and U.S. Airways and they are DISMISSED; an
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ORDER

AND NOW this 15th day of June 2015, upon consideration of Defendants' Motions to Dismiss Plaintiff's Second Amended Complaint (ECF Doc. Nos. 37, 38), Plaintiff's Response and Supplemental Memorandum (ECF Doc. Nos. 45, 51) and after oral argument, it is ORDERED Defendants' Motions are GRANTED IN PART and DENIED IN PART.

Defendants' Motions are GRANTED as to: any claim against unnamed John Does and U.S. Airways and they are DISMISSED; any Section 1983 claim for malicious prosecution in Count I; and, any claim for Selective Enforcement and Vindictive Prosecution (Count II) and this claim is DISMISSED;

Defendants' Motions are DENIED as to Plaintiff's claims against Defendants Wysocki and Burrows for malicious prosecution under state law (Count I) and First Amendment retaliation (Count III).Defendants Wysocki and Burrows shall answer these remaining claims in the Second Amended Complaint no later than June 29, 2015.

Source:  Leagle

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