GORMAN v. CITY OF CHESTER et al

Filing 14

MEMORANDUM AND ORDER THAT ALL CLAIMS AGAINST DEFENDANTS CITY OF CHESTER, FLOYD LEWIS III, DAREN ALSTON, AND WENDELL BUTLER ARE DISMISSED WITHOUT PREJUDICE, EXCEPT FOR THE SUBSTANTIVE DUE PROCESS CLAIM AGAINST THEM, WHICH IS DISMISSED WITH PREJUDICE A GAINST ALL DEFENDANTS. COUNT II ("42 USC - FIRST AMENDMENT) IS DISMISSED WITHOUT PREJUDICE AGAINST DEFENDANT BAIL; COUNT III ("FOURTEENTH AMENDMENT - DUE PROCESS") IS DISMISSED WITHOUT PREJUDICE AGAINST DEFENDANT BAIL TO THE EXTENT IT ASSERTS A PROCEDURAL DUE PROCESS OR EQUAL PROTECTION CLAIM, AND IS DISMISSED WITH PREJUDICE TO THE EXTENT IT ASSERTS A SUBSTANTIVE DUE PROCESS CLAIM; COUNTS IV AND COUNT V ARE DISMISSED WITH PREJUDICE AGAINST DEFENDANT BAIL; AND PLAINTIFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT, CONSISTENT WITH THIS ORDER AND THE ACCOMPANYING MEMORADUM RE: MOTION FOR PARTIAL DISMISSAL OF AMENDED COMPLAINT, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/9/12. 5/10/12 ENTERED AND COPIES E-MAILED. FAXED BY CHAMBERS.[FDC]

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT GORMAN,

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Plaintiff,
v.
CITY OF CHESTER, et al.,
Defendants.

CIVIL ACTION

NO. 11-6340

ORDER RE: MOTION FOR PARTIAL DISMISSAL OF AMENDED COMPLAINT
AND NOW, this

9th

day of May, 2012, upon consideration of Defendants’

Motion for Partial Dismissal of Plaintiff’s Amended Complaint (ECF No. 9), and the supporting
and opposing briefs, and for the reasons explained in the accompanying Memorandum Re:
Motion for Partial Dismissal of Amended Complaint, it is hereby ORDERED as follows:
(1)

All claims against Defendants City of Chester, Floyd Lewis III, Daren Alston, and
Wendell Butler are dismissed without prejudice, except for the substantive due
process claim against them, which is dismissed with prejudice against all
Defendants;

(2)

Count II (“42 USC - First Amendment”) is dismissed without prejudice against
Defendant Bail;

(3)

Count III (“Fourteenth Amendment - Due Process”) is dismissed without
prejudice against Defendant Bail to the extent it asserts a procedural due process
or Equal Protection claim, and is dismissed with prejudice to the extent it asserts a
substantive due process claim;

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(4)

Counts IV (“Fourteenth Amendment - 42 USC 1986 Failure to Stop or
Supervise”) and Count V (“Fourteenth Amendment - 42 USC 1985 Conspiracy”)
are dismissed without prejudice against Defendant Bail; and

(5)

Plaintiff is GRANTED leave to file a Second Amended Complaint, consistent
with this Order and the Accompanying Memorandum Re: Motion for Partial
Dismissal of Amended Complaint, within thirty (30) days of the date of this
Order.

BY THE COURT:
5/9/12

s/Michael M. Baylson

Date:
Michael M. Baylson, U.S.D.J.
O:\CIVIL 11-12\11-6340 Gorman v. City of Chester\Gorman Order re MTD Am Compl.wpd

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