Filed: May 19, 2015
Latest Update: May 19, 2015
Summary: ORDER JAMES M. MUNLEY , District Judge . AND NOW , to wit, this 19th day of May 2015, defendants' motion to dismiss (Doc. 6) is GRANTED in part and DENIED in part as follows: The motion is GRANTED with respect to: 1. All claims against the Wilkes-Barre Police Department. The Wilkes-Barre Police Department is DISMISSED from this action; 2. All claims against Chief Gerard E. Dessoye. Chief Dessoye is DISMISSED from this action; 3. Plaintiff's federal claims against Officer Grib
Summary: ORDER JAMES M. MUNLEY , District Judge . AND NOW , to wit, this 19th day of May 2015, defendants' motion to dismiss (Doc. 6) is GRANTED in part and DENIED in part as follows: The motion is GRANTED with respect to: 1. All claims against the Wilkes-Barre Police Department. The Wilkes-Barre Police Department is DISMISSED from this action; 2. All claims against Chief Gerard E. Dessoye. Chief Dessoye is DISMISSED from this action; 3. Plaintiff's federal claims against Officer Gribb..
More
ORDER
JAMES M. MUNLEY, District Judge.
AND NOW, to wit, this 19th day of May 2015, defendants' motion to dismiss (Doc. 6) is GRANTED in part and DENIED in part as follows:
The motion is GRANTED with respect to:
1. All claims against the Wilkes-Barre Police Department. The Wilkes-Barre Police Department is DISMISSED from this action;
2. All claims against Chief Gerard E. Dessoye. Chief Dessoye is DISMISSED from this action;
3. Plaintiff's federal claims against Officer Gribble in his official capacity are DISMISSED with prejudice;
4. Plaintiff's Fifth and Fourteenth Amendment claims asserted in Count I are DISMISSED with prejudice;
5. Plaintiff's negligent infliction of emotional distress claim asserted in Count VIII is DISMISSED with prejudice; and
6. Plaintiff's loss of consortium claim stated in Count IX is DISMISSED with prejudice.
The motion is DENIED in all other aspects. Defendants are further ORDERED to answer plaintiff's complaint within fourteen (14) days.
