HADESTY v. RUSH TOWNSHIP POLICE DEPARTMENT, 3:14-2319. (2016)
Court: District Court, M.D. Pennsylvania
Number: infdco20160316d46
Visitors: 9
Filed: Mar. 15, 2016
Latest Update: Mar. 15, 2016
Summary: ORDER MALACHY E. MANNION , District Judge . As set forth in the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) The defendants' motion to dismiss the plaintiff's amended complaint, (Doc. 21 ), is GRANTED IN PART and DENIED IN PART; (2) the defendants' motion to dismiss is DENIED with respect to the plaintiff's 42 U.S.C. 1983 claims for deprivation of his Fourth Amendment rights against defendants Sinton and Fort; (3) defendants' motion to dismiss the plainti
Summary: ORDER MALACHY E. MANNION , District Judge . As set forth in the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) The defendants' motion to dismiss the plaintiff's amended complaint, (Doc. 21 ), is GRANTED IN PART and DENIED IN PART; (2) the defendants' motion to dismiss is DENIED with respect to the plaintiff's 42 U.S.C. 1983 claims for deprivation of his Fourth Amendment rights against defendants Sinton and Fort; (3) defendants' motion to dismiss the plaintif..
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ORDER
MALACHY E. MANNION, District Judge.
As set forth in the memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) The defendants' motion to dismiss the plaintiff's amended complaint, (Doc. 21), is GRANTED IN PART and DENIED IN PART;
(2) the defendants' motion to dismiss is DENIED with respect to the plaintiff's 42 U.S.C. §1983 claims for deprivation of his Fourth Amendment rights against defendants Sinton and Fort;
(3) defendants' motion to dismiss the plaintiff's Pennsylvania state law claim for false imprisonment is DENIED;
(4) the defendants' motion to dismiss Fourteenth Amendment claims is GRANTED insofar as plaintiff has asserted such claims;
(5) defendants' motion to dismiss the plaintiff's malicious prosecution claim against defendants Sinton and Fort is GRANTED, and the malicious prosecution claim is DISMISSED;
(6) defendants' motion to dismiss claims for supervisory and municipal liability against defendant Ryan Township is GRANTED, and defendant Ryan Township o/a Ryan Township Police Department is DISMISSED from the case;
(7) defendants' motion to dismiss Pennsylvania Constitutional claims is GRANTED, and, therefore, Count I of the plaintiff's complaint insofar as it includes claims for illegal search, illegal seizure, and malicious prosecution under Section 8 of the Pennsylvania Constitution is DISMISSED;
(8) defendants' motion to dismiss the plaintiff's claims for punitive damages against defendant Ryan Township is GRANTED, and such claims are DISMISSED;
(9) defendants Sinton and Fort are directed to file an answer to the remaining claims within 14 days of the date of this Order.
Source: Leagle
