MCANDREW v. BUCKS COUNTY BOARD OF COMMISSIONERS et al

Filing 12

ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 4) IS GRANTED IN PART AND DENIED IN PART. THE MOTION TO DISMISS IS GRANTED INSOFAR AS IT SEEKS DISMISSAL OF COUNT I, PLAINTIFF'S FIRST AMENDMENT CLAIM, AGAINST COMMISSIONER DEFENDANTS. COUN T I IS DISMISSED WITHOUT PREJUDICE AS TO COMMISSIONER DEFENDANTS, AND PLAINTIFF IS GRANTED LEAVE TO AMEND HIS COMPLAINT WITH RESPECT TO DEFENDANT COMMISSIONERS' PERSONAL INVOLVEMENT IN THE VIOLATION OF PLAINTIFF'S FIRST AMENDMENT RIGHTS. COUNT III OF THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. THE MOTION TO DISMISS IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/8/2013. 11/8/2013 ENTERED AND COPIES E-MAILED.(jmg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES MCANDREW,
Plaintiff,
v.
BUCKS COUNTY BOARD
OF COMMISSIONERS, et al.,
Defendants.

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CIVIL ACTION NO.

2:12-CV-4676

ORDER
AND NOW, this 8th day of November 2013, IT IS HEREBY ORDERED:
1.)

Defendants’ motion to dismiss, (Doc. No. 4), is GRANTED IN PART and
DENIED IN PART.

2.)

The motion to dismiss is GRANTED insofar as it seeks dismissal of Count I,
plaintiff’s First Amendment claim, against Commissioner defendants.

3.)

Count I is DISMISSED WITHOUT PREJUDICE as to the Commissioner
defendants, and plaintiff is GRANTED LEAVE TO AMEND his complaint with
respect to defendant Commissioners’ personal involvement in the violation of
plaintiff’s First Amendment rights.

4.)

Count III of the complaint is DISMISSED WITHOUT PREJUDICE.

5.)

The motion to dismiss is DENIED in all other respects.

BY THE COURT:
/s/ C. Darnell Jones II, J.
C. DARNELL JONES II, J.