WILLIAMS v. BOROUGH OF SHARON HILL et al

Filing 21

ORDER THAT THE MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT (DOC. NO. 17) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/5/2013. 12/5/2013 ENTERED AND COPIES E-MAILED. (aeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HOWARD DONOVAN WILLIAMS
v.
BOROUGH OF SHARON HILL, et al.

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CIVIL ACTION
No. 12-5395

ORDER
AND NOW, this 5th day of December, 2013, upon consideration of a motion to dismiss
plaintiff’s amended complaint by defendants Borough of Sharon Hill and Officer Sean William
Johnson, Dkt. No. 17, and plaintiff Howard Donovan Williams’s response thereto, Dkt. No. 18,
and consistent with the accompanying memorandum of law, it is ORDERED that the motion is
GRANTED IN PART and DENIED IN PART as follows:
1.

The motion is GRANTED to the extent that it seeks dismissal of plaintiff’s claims
against the Borough of Sharon Hill. Plaintiff’s claims against the Borough are
DISMISSED in their entirety.

2.

The motion is GRANTED to the extent that it seeks dismissal of plaintiff’s claims
under the Fourteenth Amendment. Plaintiff’s Fourteenth Amendment claims are
DISMISSED.

3.

The motion is DENIED to the extent that it seeks dismissal of plaintiff’s claims
under the First Amendment.

On or before January 7, 2014, defendant Johnson shall file an answer to the claims
remaining against him. Also on or before January 7, 2014, plaintiff and the remaining
defendants shall agree upon a discovery schedule and submit same to the Court for approval.
If the parties believe a settlement conference would be productive they should contact my
deputy Mr. Charles Ervin (267–299–7559) promptly.

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