AUGUSTINE et al v. RAMSEY et al

Filing 14

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS MAY FILE AN AMENDED COMPLAINT BY 6/20/14. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/20/14. 5/21/14 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NOEL AUGUSTINE et al.,
Plaintiffs,
v.
CHARLES RAMSEY et al.,
Defendants.

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CIVIL ACTION

No. 13-6606

ORDER
AND NOW, this 20th day of May, 2014, upon consideration of Defendants’ Motion to
Dismiss, and Plaintiffs’ response in opposition thereto, and for the reasons provided in the Court’s
Memorandum dated May 20, 2014, it is hereby ORDERED that:
1.

The motion (Document No. 4) is GRANTED in part and DENIED in part.

2.

The motion is DENIED with respect to the following federal law claims: First
Amendment retaliation, assault, unlawful arrest, conspiracy, malicious prosecution,
and municipal liability under Monell.

3.

The motion is DENIED with respect to the following state law claims: assault,
battery, conspiracy, false imprisonment, malicious prosecution, intentional infliction
of emotional distress, and negligent infliction of emotional distress.

4.

The motion is GRANTED with respect to the claims of excessive force and
unreasonable search.

5.

Plaintiffs may file an Amended Complaint with respect to their claims of excessive
force and unreasonable search by Friday, June 20, 2014.

BY THE COURT:

Berle M. Schiller, J.

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