PELLEGRINO et al v. UNITED STATES OF AMERICA TRANSPORTATION SECURITY ADMINISTRATION et al

Filing 78

ORDER THAT DEFTS' MOTION TO DISMISS THIRD AMENDED COMPLAINT IS DENIED AS TO THE CLAIMS OUTLINED HEREIN, ETC. THE MOTION IS GRANTED AS TO ALL OTHER POTENTIAL CLAIMS & THOSE CLAIMS ARE DISMISSED. DEFT TSA IS DIRECTED TO PRODUCE A VAUGHN INDEX FOR THE REMAINING WITHHELD DOCUMENTS PERTAINING TO PLFF PELLEGRINO WITHIN 45 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE J. CURTIS JOYNER ON 2/27/12. 2/29/12 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PLFFS.(kw, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NADINE PELLEGRINO AND
HARRY WALDMAN,
Plaintiffs,

CIVIL ACTION

v.

NO. 09-CV-SSOS

UNITED STATES OF AMERICA
TRANSPORTATION SECURITY
ADMINISTRATION, et. al.,
Defendants.

ORDER

AND NOW

I

t!).

this

71£day of

February, 2012, upon

consideration of Defendants' Motion to Dismiss the

~rhird

Amended

Complaint (Doc. No. 40), Plaintiff's Response in opposition
thereto (Doc. No. 63), Defendants' Reply (Doc. No. 66) and
Plaintiff's Sur-Reply (Doc. No. 76)

I

it is hereby ORDERED that

(1) The Motion is DENIED as to the following claims:
(A) Plaintiff Pellegrino's Claims for Property Damage,
False Arrest/Imprisonment, Malicious Prosecution
and Civil Conspiracy under the Federal Torts Claim
Act (FTCA) Against Defendant United States;
(B) Plaintiff Pellegrino/s Bivens Claims for Malicious
Prosecution and Conspiracy to Engage in Malicious
Prosecution under the First and Fourth Amendments
Against Defendants TSOs Abdul-Malik and Labbee in
their individual capacities;
(C) Plaintiffs

l

Claim Against Defendant U.S.

Transportation Security Administration (TSA) for
Failure to Comply with Request for Records
Pursuant to the Freedom of Information Act (FOIA)
and the Privacy Act;
(2) The Motion is GRANTED as to all other potential claims
and those claims are DISMISSED;
(3) Defendant TSA is directed to produce a Vaughn Index for
the remaining withheld documents pertaining to Plaintiff
Pellegrino within 45 days of the date of this Order.

BY THE COURT: