GORMAN v. WARWICK TOWNSHIP et al

Filing 7

MEMORANDUM AND ORDER THAT THE PARTIAL MOTION TO DISMISS PLAINTIFF'S COMPLAINT IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: COUNT I IS DISMISSED WITHOUT PREJUDICE AS AGAINST DEFENDANTS HUEBER AND SZAMBOTI AND WITH PREJUDICE AS AGAINST DEFEND ANT WARWICK TOWNSHIP. PLAINTIFF IS GRANTED LEAVE TO AMEND COUNT I OF THE COMPLAINT AGAINST DEFENDANTS HUEBER AND SZAMBOTI WITHIN TWENTY (20) DAYS OF THE ENTRY DATE OF THIS MEMORANDUM AND ORDER. COUNTS II AND III OF THE COMPLAINT ARE DISMISSED WITH PR EJUDICE IN THEIR ENTIRETY. COUNTS V, VI AND VII ARE DISMISSED WITH PREJUDICE AS AGAINST BOTH OF THE INDIVIDUAL DEFENDANTS NAMED THEREIN IN THEIR OFFICIAL CAPACITIES AND AGAINST WARWICK TOWNSHIP. PLAINTIFF'S CLAIMS FOR PUNITIVE DAMAGES ARE DISMIS SED WITH PREJUDICE AS AGAINST ALL OF THE DEFENDANTS SAVE FOR OFFICER EDWARD LOUX. IN ALL OTHER RESPECTS, THE DEFENDANTS' PARTIAL MOTION TO DISMISS IS DENIED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 3/31/11. 4/1/11 ENTERED AND COPIES E-MAILED.(fdc)

GORMAN v. WARWICK TOWNSHIP et al

Doc. 7

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

MICHEALE A. GORMAN

: CIVIL ACTION : vs. : : NO. 10-CV-6760 WARWICK TOWNSHIP, : OFFICER EDWARD LOUX, : CORPORAL AARON M. RICHWINE : and OFFICER BARRY J. SZAMBOTI :

ORDER

AND NOW, this

31st

day of March, 2011, upon

consideration of the Partial Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and for the reasons set forth in the preceding Memorandum Opinion, it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows: 1. Count I is DISMISSED without prejudice as against

Defendants Hueber and Szamboti and with prejudice as against Defendant Warwick Township. Plaintiff is GRANTED leave to Amend

Count I of the Complaint against Defendants Hueber and Szamboti within twenty (20) days of the entry date of this Memorandum and Order. 2. Counts II and III of the Complaint are DISMISSED with

prejudice in their entirety. 3. Counts V, VI and VII are DISMISSED with prejudice as

against both of the individual defendants named therein in their

Dockets.Justia.com

official capacities and against Warwick Township. 4. Plaintiff's claims for punitive damages are DISMISSED

with prejudice as against all of the defendants save for Officer Edward Loux. In all other respects, the Defendants' Partial Motion to Dismiss is DENIED. BY THE COURT:

s/J. Curtis Joyner J. CURTIS JOYNER,

J.