JONES v. TOWNSHIP OF MIDDLETOWN

Filing 8

ORDER THAT COUNT I, AND COUNT III FOR PUNITIVE DAMAGES ARE DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO RULE 12(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; COUNT II, FOR BREACH OF CONTRACT, AND COUNT III FOR PUNITIVE DAMAGES, ARE DISMISSED WITHOUT PREJUDICE, PURSUANT TO 28 U.S.C. 1367(c)(3). SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/26/11. 7/26/11 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SUZANNE M. JONES,
Executrix of the Estate of
Christopher C. Jones, deceased,
Plaintiff,
v.
TOWNSHIP OF MIDDLETOWN,
Defendant.

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CIVIL ACTION
NO. 11-564

ORDER
AND NOW, this 26th day of July 2011, upon consideration of Defendant Township of
Middletown’s Motion to Dismiss (Doc. No. 3), and Plaintiff’s Response in Opposition (Doc. No.
4), and for reasons stated in the accompanying Opinion, it is ORDERED that:
1.

Count I, brought pursuant to 42 U.S.C. § 1983, and that portion of Count III for

punitive damages derived from the § 1983 claim, are DISMISSED with prejudice for failure to
state a claim, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure;
2.

Count II, for breach of contract, and that portion of Count III for punitive damages

derived from the breach of contract claim, are DISMISSED without prejudice, pursuant to 28
U.S.C. § 1367(c)(3).

BY THE COURT:

/s/ Joel H. Slomsky, J.
JOEL H. SLOMSKY, J.