MYERS v. JONES et al

Filing 43

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S CLAIMS AGAINST CHIEF EASTON ARE DISMISSED WITH PREJUDICE; DEFENDANTS' MOTION IS DENIED IN ALL OTHER RESPECTS. IT IS FURTHER ORDERED THAT ON OR BEFORE 11/20/12, UPLAND BOROUGH SHALL FILE AN ANSWER TO PLAINTIFF'S AMENDED COMPLAINT. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 11/5/12. 11/6/12 ENTERED & E-MAILED.[fdc]

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VALERIE MYERS
Individually and as Administratrix
of the Estate of Andre Morales, deceased

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v.
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POLICE OFFICER DEMOSS JONES, et al. :

CIVIL ACTION
NO. 12-3660

ORDER
AND NOW, this 5th day of November, 2012, after consideration of the motion to dismiss
the amended complaint of plaintiff Valerie Myers by defendants Upland Borough and Police
Chief John R. Easton and plaintiff’s response thereto, it is ORDERED that defendants’ motion to
dismiss is GRANTED in part and DENIED in part as follows:
1. Plaintiff’s claims against Chief Easton are DISMISSED with prejudice;
2. Defendants’ motion is DENIED in all other respects.
It is further ORDERED that on or before November 20th, 2012, Upland Borough shall
file an answer to plaintiff’s amended complaint.

s/Thomas N. O’Neill, Jr.
THOMAS N. O'NEILL, JR., J.