BRANTLEY v. WYSOCKI et al

Filing 55

ORDER THAT DEFTS' MOTIONS ARE GRANTED IN PART & DENIED IN PART. DEFTS' MOTIONS ARE GRANTED AS TO: ANY CLAIM AGAINST UNNAMED JOHN DOES & U.S. AIRWAYS & THEY ARE DISMISSED, ETC. DEFTS' MOTIONS ARE DENIED AS TO PLFF'S CLAIMS AGAINST DEFTS WYSOCKI & BURROWS FOR MALICIOUS PROSECUTION UNDER STATE LAW (COUNT I) & FIRST AMENDMENT RETALIATION (COUNT III). DEFTS WYSOCKI & BURROWS SHALL ANSWER THESE REMAINING CLAIMS IN THE SECOND AMENDED COMPLAINT NO LATER THAN 6/29/2015. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/15/15. 6/15/15 ENTERED AND COPIES E-MAILED.(kw, )

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

KALILAH BRANTLEY

v.
NO. 14-4185
KEYE WYSOCKI, et al.

ORDER

AND NOW this 15th day of June 2015, upon consideration of Defendants' Motions to

Dismiss Plaintiff's Second Amended Complaint (ECF Doc. Nos. 37, 38), Plaintiff's Response
and Supplemental Memorandum (ECF Doc. Nos. 45, 51) and after oral argument, it is
ORDERED Defendants' Motions are GRANTED IN PART and DENIED IN PART.

Defendants' Motions are GRANTED as to: any claim against unnamed John Does and
U.S. Airways and they are DISMISSED; any Section 1983 claim for malicious prosecution in
Count I; and, any claim for Selective Enforcement and Vindictive Prosecution (Count II) and
this claim is DISMISSED;
Defendants' Motions are DENIED as to Plaintiff's claims against Defendants Wysocki
and Burrows for malicious prosecution under state law (Count I) and First Amendment
retaliation (Count III).

Defendants Wysocki and Burrows shall answer these remaining claims

in the Second Amended Complaint no later than June 29, 2015.
./