BANEGAS v. HAMPTON et al

Filing 17

ORDER THAT THE MOTION TO DISMISS (DOC. NO.5) IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/23/09. 4/23/09 ENTERED AND COPIES E-MAILED TO COUNSEL.(jpd)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARIO BANEGAS, Plaintiff v. JOHN HAMPTON et al., Defendants : : : : : : : CIVIL ACTION NO. 08-5348 ORDER STENGEL, J. AND NOW, this 22d day of April, 2009, upon consideration of the Motion to Dismiss (Document #5), it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART as follows: 1. The motion to dismiss the claims contained in Count V against Warden D. Edward McFadden in his official capacity is GRANTED. Those claims are hereby DISMISSED; 2. The motion to dismiss the claims contained in Count V against the County of Chester, the Chester County Prison Board, and Warden D. Edward McFadden in his personal capacity is DENIED. BY THE COURT: /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?