LONG v. BOROUGH OF DOWNINGTOWN et al

Filing 30

ORDER THAT DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT (DOC. NO. 10) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFF SHALL HAVE UNTIL 2/14/2014 TO FILE A THIRD AMENDED COMPLAINT. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 1/31/2014. 2/7/2014 ENTERED AND COPIES E-MAILED. (aeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH W. LONG, JR.

CIVIL ACTION

v.
BOROUGH OF DOWNINGTOWN, et al.

NO. 13-3921
ORDER

AND NOW, this 31st day of January 2014, upon consideration of a motion to dismiss
Plaintiffs Amended Complaint filed by Defendants Borough of Downingtown, Police Chief
James McGowan, and Patrol Officer Pamela Fentner (collectively "Borough Defendants") (Doc.
10), and Plaintiff's response thereto (Doc. 21), IT IS HEREBY ORDERED that the motion is
GRANTED IN PART AND DENIED IN PART as follows:
1. Plaintiff has withdrawn his federal excessive force claim and his supplemental
state law claims for assault, battery, intentional infliction of emotional distress
and abuse of process, and therefore those claims are DISMISSED WITH
PREJUDICE.
2. The motion is GRANTED to the extent that all claims against Defendant
McGowan, as well as the Monell claim asserted against the Borough, are
DISMISSED WITHOUT PREJUDICE. Plaintiffs federal civil rights claims
under the First and Fourteenth Amendments, as well as any procedural due
process claim under the Fourth Amendment, are DISMISSED WITHOUT
PREJUDICE. The civil conspiracy claim is DISMISSED WITHOUT
PREJUDICE insofar as it alleges a conspiracy between Fentner and FEMA
employees Duffey and Hill.
3. The motion is DENIED as to Plaintiffs federal civil rights claims under the
Fourth Amendment (asserted in the First Cause of Action), supplemental state law
claims against Defendant Fentner for false arrest, false imprisonment and
malicious prosecution (asserted in the Second and Third Causes of Action), and
civil conspiracy insofar as it alleges a conspiracy between Fentner and Taraschi
(asserted in the Fourth Cause of Action).
IT IS FURTHER ORDERED that Plaintiff shall have 14 days from the date of this Order,
or until February 14, 2014, to file a Third Amended Complaint attempting to cure the
deficiencies identified in this Memorandum with respect to parties and claims dismissed without
prejudice. 5

5

Plaintiff previously filed a Second Amended Complaint, but it was stricken because
Plaintiff failed to obtain consent of the Defendants or leave of court. See Docs. 13 & 14.

ABETHT.HEY
UNITED STATES MAGISTRATE UDGE