FREEMAN v. MURPHY et al

Filing 17

ORDERED THAT DEFENDANTS MOTION TO PARTIALLY DISMISS PLAINTIFF'S AMENDED COMPLAINT 11 IS GRANTED ON COUNT II. DEFENDANTS MOTION TO PARTIALLY DISMISS PLAINTIFF'S AMENDED COMPLAINT 11 IS DENIED ON COUNT IV. PLAINTIFFS CLAIM FOR MALICIOUS P ROSECUTION UNDER PENNSYLVANIA STATE LAW IS DISMISSED BY AGREEMENT OF THE PARTIES AT THE 9/20/2013 HEARING. THE CASE WILL PROCEED WITH RESPECT TO COUNTS I, III, IV, AND V. DEFENDANTS ARE ORDERED TO FILE AN ANSWER TO THE AMENDED COMPLAINT WITHIN TWENTY DAYS OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 2/24/2014. 2/25/2014 ENTERED AND COPIES E-MAILED.(sg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANTHONY FREEMAN, Plaintiff, CIVIL ACTION NO. 13-1579 v. OFFICER WILLIAM MURPHY, et al., Defendants. ORDER AND NOW, this 24th day of February 2014, upon consideration of Defendants’ Motion to Partially Dismiss Plaintiff’s Amended Complaint (Doc. No. 11), Plaintiff’s Response (Doc. No. 12), and the arguments of counsel at the September 20, 2013 hearing, it is ORDERED that: 1. Defendants’ Motion to Partially Dismiss Plaintiff’s Amended Complaint (Doc. No. 11) is GRANTED on Count II. 2. Defendants’ Motion to Partially Dismiss Plaintiff’s Amended Complaint (Doc. No. 11) is DENIED on Count IV. 3. Plaintiff’s claim for malicious prosecution under Pennsylvania state law (contained in Count IV) is DISMISSED by agreement of the parties at the September 20, 2013 hearing. 4. The case will proceed with respect to Counts I, III, IV, and V. Defendants are ORDERED to file an Answer to the Amended Complaint within twenty days of this Order. BY THE COURT: / s/ J oel H. S l om sk y JOEL H. SLOMSKY, J. 1

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