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SHEARE v. BOROUGH OF OLYPHANT, 3:11-CV-1639. (2012)

Court: District Court, M.D. Pennsylvania Number: infdco20120702a90 Visitors: 3
Filed: Jun. 29, 2012
Latest Update: Jun. 29, 2012
Summary: ORDER A. RICHARD CAPUTO, District Judge. NOW, this 29 th day of June, 2012, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (Doc. 15) is GRANTED in part and DENIED in part. (1) Defendants' Motion to Dismiss Count Two is GRANTED and the Monell claim is DISMISSED with prejudice. (2) Defendants' Motion to Dismiss Count Three is GRANTED and the Abuse of Process claim is DISMISSED with prejudice. (3) The Motion to Dismiss is otherwise DENIE
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ORDER

A. RICHARD CAPUTO, District Judge.

NOW, this 29th day of June, 2012, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (Doc. 15) is GRANTED in part and DENIED in part.

(1) Defendants' Motion to Dismiss Count Two is GRANTED and the Monell claim is DISMISSED with prejudice. (2) Defendants' Motion to Dismiss Count Three is GRANTED and the Abuse of Process claim is DISMISSED with prejudice. (3) The Motion to Dismiss is otherwise DENIED. Plaintiffs may proceed on the 42 U.S.C. § 1983 False Arrest claim, the Intentional Infliction of Emotional Distress claim, and the Loss of Consortium claim.
Source:  Leagle

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