ROSEMBERT v. BOROUGH OF EAST LANSDOWNE et al

Filing 36

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/9/14. 4/10/14 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEVEN ROSEMBERT

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:
Plaintiff,
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v.
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BOROUGH OF EAST LANSDOWNE, et al.,:
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Defendants.
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CIVIL ACTION
NO. 13-2826

ORDER
AND NOW, this 9th day of April, 2014, upon consideration of “Defendant Borough of
East Lansdowne’s Motion to Dismiss Plaintiff’s Complaint” (Doc. No. 14), “Defendants, Tina
Selimis, Officer Albertoli, and Borough of Lansdowne’s Motion to Dismiss Plaintiff’s Amended
Complaint Pursuant to Rule 12(b)(6) and Motion to Strike Plaintiff’s Amended Complaint
Pursuant to Rule 12(f)” (Doc. No. 25), “Defendants’, Paul McGrenera and Jesse Hartnett’s,
Motion to Dismiss Plaintiff’s First Amended Complaint” (Doc. No. 29), “Motion to Dismiss of
Defendants, Borough of Yeadon and Officer Shawn Burns” (Doc. No. 33) and the responses
thereto, and for the reasons stated in the accompanying memorandum opinion, it is hereby
ORDERED that Defendants’ Motions to Dismiss are GRANTED IN PART and DENIED IN
PART such that:
— All claims found in Count I of the amended complaint are DISMISSED with the
exception of the Fourth Amendment excessive use of force claims against the Defendant
Officers and Defendant Boroughs;
— Counts II, IV, VI, VIII, IX and X of the amended complaint are DISMISSED in their
entirety;

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— The claims brought against the Defendant Boroughs under Count VII are DISMISSED;
— All claims brought against the Defendant Officers in their official capacities are
DISMISSED;
— Plaintiff’s requests for declaratory and injunctive relief are DISMISSED;
— The phrase “in part, motivated by their greed to collect overtime and racist desires to
convict an African-American man they knew was innocent of the charges” is
STRICKEN from the amended complaint; and
— The motions are DENIED with respect to the following claims: the excessive use of
force claims against the Defendant Officers and the Defendant Boroughs under Count I;
the Monell claim under Count III; the assault and battery claims against Officers
McGrenera and Burns under Count V; and the intentional infliction of emotional distress
claims against the Defendant Officers under Count VII.
BY THE COURT:
/s/ Mitchell S. Goldberg
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Mitchell S. Goldberg, J.

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