STOCKLEY et al v. DARBY BOROUGH et al

Filing 23

ORDER THAT THE MOTION TO DISMISS THE SECOND AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART, ETC. ( SIGNED BY HONORABLE JOHN R. PADOVA ON 2/23/11. ) 2/24/11 ENTERED AND COPIES E-MAILED.(gn, )

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STOCKLEY et al v. DARBY BOROUGH et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CURTIS STOCKLEY, JR., ET AL. v. DARBY BOROUGH, ET AL. : : : : : ORDER AND NOW, this 23rd day of February, 2011, upon consideration of Defendant Robert Smythe's Motion to Dismiss the Second Amended Complaint (Docket No. 20), and Plaintiff's opposition thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that Motion to Dismiss the Second Amended Complaint is GRANTED IN PART and DENIED IN PART as follows: 1. The Motion is GRANTED insofar as it seeks dismissal of Counts II and III and the Fourth Amendment claim in Count I. 2. In all other respects, the Motion is DENIED. CIVIL ACTION NO. 10-688 BY THE COURT: /s/ John R. Padova, J. John R. Padova, J. Dockets.Justia.com

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