CORTLESSA v. CHESTER COUNTY PENNSYLVANIA et al

Filing 28

ORDER THAT DEFENDANT CHESTER COUNTY'S MOTION TO DISMISS (DOC. NO. 15) IS GRANTED WITHOUT PREJUDICE. DEFENDANT BOROUGH OF DOWNINGTOWN'S MOTION TO DISMISS (DOC. NO. 16) IS GRANTED WITHOUT PREJUDICE. PLAINTIFF'S CLAIMS AGAINST DETECTIVE F ENTNER MAY PROCEED. IF PLAINTIFF CAN, IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE AND LEGAL PRINCIPLES, STATE A MONELL CLAIM AGAINST CHESTER COUNTY AND/OR BOROUGH OF DOWNINGTOWN, HE MAY FILE AN AMENDED COMPLAINT WITHIN 14 DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/9/2014. 1/10/2014 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED. (aeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VINCENT ANTHONY CORTLESSA, SR.,
Plaintiff,

CIVIL ACTION

v.
CHESTER COUNTY, et al.,
Defendants.

NO. 13-1697

ORDER
AND NOW, this 9th day of January 2014, upon consideration of Defendant Chester
County’s Motion to Dismiss (ECF 15), Defendants the Borough of Downingtown and Detective
Pamila Fentner’s Partial Motion to Dismiss (ECF 16), and Plaintiff’s response thereto (ECF 17),
and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED
that:
1. Defendant Chester County’s Motion to Dismiss is GRANTED without prejudice;
2. Defendant Borough of Downingtown’s Motion to Dismiss is GRANTED without
prejudice;
3. Plaintiff’s claims against Detective Fentner may proceed;
4. If Plaintiff can, in accordance with the Federal Rules of Civil Procedure and legal
principles, state a Monell claim against Chester County and/or the Borough of
Downingtown, he may file an Amended Complaint within 14 days.
BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.
O:\CIVIL 13\13-1697 cortlessa v. chester cty\13cv1697.010914.MTD Order.docx