Lahovski v. Rush Township, 19-0819. (2020)
Court: District Court, M.D. Pennsylvania
Number: infdco20200219j14
Visitors: 7
Filed: Feb. 18, 2020
Latest Update: Feb. 18, 2020
Summary: ORDER MALACHY E. MANNION , District Judge . In accordance with the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT : (1) The defendants' motion to dismiss, (Doc. 18), is GRANTED IN PART and DENIED IN PART; (2) The plaintiffs' claims against Gilbert and Liebensperger in their official capacity in Count I are DISMISSED WITH PREJUDICE; (3) The plaintiffs' claims for declaratory judgment against the defendants for alleged past violations of their constitutiona
Summary: ORDER MALACHY E. MANNION , District Judge . In accordance with the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT : (1) The defendants' motion to dismiss, (Doc. 18), is GRANTED IN PART and DENIED IN PART; (2) The plaintiffs' claims against Gilbert and Liebensperger in their official capacity in Count I are DISMISSED WITH PREJUDICE; (3) The plaintiffs' claims for declaratory judgment against the defendants for alleged past violations of their constitutional..
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ORDER
MALACHY E. MANNION, District Judge.
In accordance with the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) The defendants' motion to dismiss, (Doc. 18), is GRANTED IN PART and DENIED IN PART;
(2) The plaintiffs' claims against Gilbert and Liebensperger in their official capacity in Count I are DISMISSED WITH PREJUDICE;
(3) The plaintiffs' claims for declaratory judgment against the defendants for alleged past violations of their constitutional rights are DISMISSED WITH PREJUDICE;
(4) The plaintiffs' First Amendment free association claims against Gilbert and Liebensperger in Count I are DISMISSED WITHOUT PREJUDICE;
(5) The defendants' motion is GRANTED with respect to all of the plaintiffs' First Amendment free speech retaliation claims against Gilbert and Liebensperger in Count I, except for their speech regarding the decertification of the police union, and the stated claims are DISMISSED WITH PREJUDICE;
(6) The defendants' motion is DENIED with respect to plaintiffs' First Amendment free speech retaliation claims against Gilbert and Liebensperger in Count I, in their individual capacity, regarding their speech about the decertification of the police union, and this claim shall PROCEED;
(7) The plaintiffs' First Amendment free association claims against Rush Township in Count II are DISMISSED WITHOUT PREJUDICE;
(8) The defendants' motion is GRANTED with respect to all of the plaintiffs' First Amendment free speech retaliation claims against Rush Township in Count II, except for their speech regarding the decertification of the police union, and the stated claims are DISMISSED WITH PREJUDICE; and
(9) The defendants' motion is DENIED with respect to plaintiffs' First Amendment free speech retaliation claims against Rush Township in Count II regarding their speech about the decertification of the police union, and this claim shall PROCEED.
Source: Leagle
