WILSON et al v. DEWEES et al

Filing 30

ORDER THAT DEFTS OFFICER JOSHUA DEWEES, OFFICER DAVID BROCKWAY & THE CITY OF CHESTER FOR PARTIAL DISMISSAL OF PLFF'S COMPLAINT UNDER F.R.C.P. 12(b)(6) IS GRANTED IN PART & DENIED IN PART. ALL CLAIMS ASSERTED UNDER THE PA CONSTITUTION IN COUNT II OF THE COMPLAINT ARE DISMISSED WITH PREJUDICE. COUNTS III IS DISMISSED IN ITS ENTIRETY WITH PREJUDICE; COUNT IV IS DISMISSED IN ITS ENTIRETY WITH PREJUDICE. ALL CLAIMS ASSERTED AGAINST THE CITY OF CHESTER ARE DISMISSED WITH PREJUDICE, ETC. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 7/8/13. 7/9/13 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

KEVIN WILSON, ET AL.

:
:
:
:
:

v.
JOSHUA DEWEES, ET AL.

CIVIL ACTION
NO. 10-3915

ORDER
AND NOW, this

8th day of

July

, 2013, upon consideration of Defendants Officer

Joshua Dewees, Officer David Brockway and the City of Chester for Partial Dismissal of
Plaintiff’s Complaint under Federal Rule of Civil Procedure 12(b)(6) (ECF No. 8), and all papers
submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is
GRANTED in part and DENIED in part, as follows:
1.

All claims asserted under the Pennsylvania Constitution in Count II of the
Complaint are DISMISSED with prejudice;

2.

Counts III is DISMISSED in its entirety with prejudice;

3.

Count IV is DISMISSED in its entirety with prejudice;

4.

All claims asserted against the City of Chester are DISMISSED with prejudice;

5.

Defendant’s Motion as to the malicious prosecution claims asserted by Plaintiff
Wilson against Defendants Brockway and Dewees in Count VI is DENIED.

IT IS SO ORDERED.

BY THE COURT:

_______________________
R. BARCLAY SURRICK