STRANGE v. FREEMAN et al

Filing 7

ORDER THAT DEFENDANT'S MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/6/2012. 3/6/2012 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STACY STRANGE,
Plaintiff,
v.
OFFICER AVERY FREEMAN, et al.
Defendants.

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CIVIL ACTION

No. 11-7911

ORDER
AND NOW, this 6th day of March, 2012, upon consideration of Defendants’
Motion to Dismiss Under Federal Rule of Civil Procedure 12(b)(6), Plaintiff’s response thereto,
and for the reasons stated in this Court’s Memorandum dated March 6, 2012, it is hereby
ORDERED that Defendants’ motion (Document No. 4) is GRANTED in part and DENIED in
part as follows:
1.

Counts I, II, and V are DISMISSED in their entirety.

2.

Count III is DISMISSED against Defendants Avery Freeman, William Swanson,
and Luis Rodriguez. Count III remains against Defendant the City of Chester.

3.

Defendants’ motion to dismiss Count IV is DENIED.

4.

Count VI is DISMISSED against Defendants Freeman, Rodriguez, and the City
of Chester. Count VI remains against Defendant William Swanson.

5.

Count VII is DISMISSED against Defendants Avery Freeman, Luis Rodriguez,
and the City of Chester. Count VII shall remain against Defendant William
Swanson to the extent it relies on the malicious prosecution claim.
BY THE COURT:

Berle M. Schiller, J.

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