GORMAN v. CITY OF CHESTER et al

Filing 34

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS TO DISMISS 25 IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/23/13. 5/23/13 ENTERED & E-MAILED.(fdc)

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

ROBERT GORMAN,
Plaintiff,

CIVIL ACTION

v.
JOSEPH BAIL, et al.,
Defendants.

NO. 11-6340

ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANTS’ MOTION
TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT
AND NOW, this 23rd

day of May 2013, after review of Defendants’ motions to dismiss

pursuant to Fed. R. Civ. P. 12(b)(6) (the “Motion”) (ECF 25) and Plaintiff’s Response (ECF 28), it
is hereby ORDERED that Defendants’ Motion is:
1. GRANTED, in part, and the following claims in Plaintiff’s
Second Amended Complaint (ECF 22) are DISMISSED WITH
PREJUDICE
a. “Counts” 1 through 3, claiming violations of
i. The Fourth Amendment for unlawful search and seizure,
and
ii. The First Amendment for retaliation against protected
speech; and
b. “Counts” 9, 10, and 12, claiming violations of state law for
i. False imprisonment,
ii. Malicious prosecution, and
iii. Invasion of privacy.
2. DENIED, in part, with respect to
a. “Counts” 4 and 5, claiming violations of

i. The Fourteenth Amendment for denial of procedural due
process, and
ii. Section 1983 for conspiracy; and
3. “Counts” 11 and 13, claiming violations of state law for
a. Abuse of process, and
b. Conspiracy; and
4. Dismissal of the City of Chester as a defendant in this case
BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.
O:\CIVIL 11\11-6340 Gorman v. City of Chester\11cv6340.Order re Mot. to Dismiss 2d Am. Compl.docx