WILLIAMS et al v. CITY OF CHESTER, PENNSYLVANIA et al

Filing 16

MEMORANDUM AND ORDER THAT DEFENDANTS' PARTIAL MOTION TO DISMISS UNDER FRCP 12(B)(6) [#9] IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/15/15. 1/16/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RONALD WILLIAMS
CIVIL ACTION
v.
NO. 14-4420
CITY OF CHESTER, et al.

ORDER
And NOW, this 15th day of January 2015, for the reasons stated in the foregoing
memorandum, it is hereby ORDERED that the Defendants’ Partial Motion to Dismiss Under
Federal Rule of Civil Procedure 12(b)(6) (ECF No. 9) is GRANTED and:
1. All claims under 42 U.S.C. § 1983 based on alleged violations of the Fourteenth
Amendment are DISMISSED WITH PREJUDICE;
2. The state law claims for assault and battery, loss of consortium, and false arrest against
the City of Chester are DISMISSED WITH PREJUDICE;
3. All claims under 42 U.S.C. § 1983 against the City of Chester are DISMISSED
WITHOUT PREJUDICE, with leave to amend; and
4. Plaintiff Bernadette Williams’s loss of consortium claim, to the extent that claim is based
on 42 U.S.C. § 1983, is DISMISSED WITH PREJUDICE.
Plaintiffs may file an amended complaint with regard to their claims under 42 U.S.C. § 1983
against the City of Chester within 14 days of the date of this Order.
BY THE COURT:
/s/ Michael M. Baylson
__________________________
Michael M. Baylson, U.S.D.J.
O:\CIVIL 14\14-4420 williams v. city of chester\14-4420 -- Order MTD Grant.docx