JACKSON v. DOHMAN et al

Filing 51

ORDER THAT COMMONWEALTH DEFTS' AMENDED MOTION TO DISMISS THE AMENDED COMPLALINT IS GRANTED AS TO THE PLFF'S CLAIMS BASED ON THE FIFTH, EIGHTH, AND FOURTEENTH AMENDMENDS IN THE AMENDED COMPLAINT, ETC. PLFF'S FIRST AMENDMENT RETALIATION CLAIM AGAINST DEFTS. IN THEIR INDIVIDUAL CAPACITIES IS ALLOWED TO PROCEED. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE CONDUCTED IN DUE COURSE.. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/28/13. 3/1/13 ENTERED AND COPIES MAILED TO PRO SE PLFF., MAILED AND E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
REGINALD JACKSON,
Plaintiff,
v.
MAJOR THOMAS DOHMAN, CAPTAIN
ETTA WILLIAMS, and LIEUTENANT
WILLIAM E. RADLE,
Defendants.

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CIVIL ACTION

NO. 11-6890

ORDER
AND NOW, this 28th day of February, 2013, upon consideration of Commonwealth
Defendants’ Amended Motion to Dismiss the Amended Complaint (Document No. 24, filed June
29, 2012), and Plaintiff’s Brief in Opposition to Defendant’s Amended Motion to Dismiss
(Document No. 36, filed September 12, 2012), for the reasons set forth in the Memorandum dated
February 28, 2013, IT IS ORDERED that Commonwealth Defendants’ Amended Motion to
Dismiss the Amended Complaint is GRANTED as to the plaintiff’s claims based on the Fifth,
Eighth, and Fourteenth Amendments in the Amended Complaint and as to the remaining First
Amendment claim against defendants in their official capacities, and all such claims are
DISMISSED WITH PREJUDICE. Plaintiff’s First Amendment retaliation claim against
defendants in their individual capacities is ALLOWED TO PROCEED.
IT IS FURTHER ORDERED that a Preliminary Pretrial Conference will be conducted in
due course.
BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.