CAMPEGGIO v. UPPER POTTSGROVE TOWNSHIP et al

Filing 23

ORDER THAT DEFENDANTS' MOTION TO DISMISS THE OFFICIAL CAPACITY CLAIMS AGAINST CHIEF MOFFETT, CHIEF SWAVELY, OFFICER FARRELL, OFFICER HUMMER AND CORPORAL CASS IS DENIED AS MOOT. PLAINTIFF'S CLAIMS AS TO POLICE OFFICERS JOHN DOES 1-6 ARE DISM ISSED. DEFENDANTS' MOTION TO DISMISS COUNT I AS TO CORPORAL CASS IS GRANTED. DEFENDANTS' MOTION TO DISMISS COUNTS II, II AND IV ARE GRANTED. DEFENDANTS' MOTION TO DISMISS COUNT V AS TO CORPORAL CASS IS GRANTED AS UNOPPOSED. DEFENDANTS& #039; MOTION TO DISMISS COUNT VI IS GRANTED. DEFENDANTS' MOTION TO DISMISS COUNT VII AS TO CORPORAL CASS IS DENIED. DEFENDANTS' MOTION TO DISMISS COUNTS IX AND XI ARE GRANTED. DEFENDANTS SHALL ANSWER THE AMENDED COMPLAINT ON 9/19/14. SIGNED BY HONORABLE STEWART DALZELL ON 9/8/14. 9/9/14 ENTERED AND COPIES E-MAILED(mbh, )

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

CIVIL ACTION

MELINDA CAMPEGGIO

v.
NO. 14-1286

UPPER POTTSGROVE TOWNSHIP, et al.
ORDER

AND NOW, this 8th day of September, 2014, upon consideration of Plaintiff Melinda
Campeggio's amended complaint (docket entry #17), Defendants Upper Pottsgrove Township,
West Pottsgrove Township, Police Chief William Moffett, Police Chief Earl E. Swavely, Jr.,
Officer Jim Hummer, Officer Sean Farrell, and Corporal Brian Cass's partial motion to dismiss
for failure to state a claim (docket entry #18), and Campeggio's response in opposition thereto,
and based on the analysis set forth in the accompanying Memorandum, it is hereby ORDERED
that:

1.

Defendants' motion to dismiss the official capacity claims against Chief Moffett,

Chief Swavely, Officer Farrell, Officer Hummer, and Corporal Cass is DENIED AS MOOT;
2.

Plaintiffs claims as to Police Officers John Does #1-6 are DISMISSED;

3.

Defendants' motion to dismiss Count I as to Corporal Cass is GRANTED;

4.

Defendants' motion to dismiss Counts II, III and IV are GRANTED;

5.

Defendants' motion to dismiss Count Vas to Corporal Cass is GRANTED AS

UNOPPOSED;
6.

Defendants' motion to dismiss Count VI is GRANTED;

7.

Defendants' motion to dismiss Count VII as to Corporal Cass is DENIED;

8.

Defendants' motion to dismiss Counts IX and XI are GRANTED; and

9.

Defendants shall ANSWER the Amended Complaint by noon on September 19,

2014.

BY THE COURT:

~- steWart Daize: