TWARDZIK v. DEVERO et al
ORDER THAT DEFTS' MOTION TO DISMISS IS DENIED IN PART & GRANTED IN PART. IT IS FURTHER ORDERED THAT DEFTS' MOTION TO DISMISS THE COMPLAINT AGAINST OFFICERS DEVERO & JACKSON PURSUANT TO RULE 12(b)(6) IS DENIED. DEFTS' MOTION TO DISMISS THE COMPLAINT AGAINST DR. TRAUB PURSUANT TO RULE 12(b)(6) IS GRANTED. PLFF'S CLAIMS AGAINST DR. TRAUB UNDER 42 U.S.C. SEC. 1983 IS DISMISSED WITHOUT PREJUDICE, ETC. PLFF MAY FILE AN AMENDED COMPLAINT CONSISTENT WITH THIS ORDER ON OR BEFORE 6/30/2015. SIGNED BY HONORABLE GERALD J. PAPPERT ON 6/15/15. 6/16/15 ENTERED AND COPIES E-MAILED.(kw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OFFICER ELLIS DEVERO, et al.,
AND NOW, this 15th day of June, 2015, upon consideration of Defendants’ motion to
dismiss (ECF No. 4), Plaintiff’s opposition thereto (ECF No. 5), and Defendants’ reply (ECF No.
6), it is hereby ORDERED that the motion is DENIED in part and GRANTED in part. It is
FURTHER ORDERED that:
Defendants’ motion to dismiss the complaint against all Defendants pursuant to
Rule 12(b)(1) is DENIED;
Defendants’ motion to dismiss the complaint against Officers Devero and Jackson
pursuant to Rule 12(b)(6) is DENIED. Plaintiff has stated a claim for excessive
force against Officers Devero and Jackson under 42 U.S.C. § 1983;
Defendants’ motion to dismiss the complaint against Dr. Traub pursuant to Rule
12(b)(6) is GRANTED. Plaintiff’s claim against Dr. Traub under 42 U.S.C.
§ 1983 is DISMISSED WITHOUT PREJUDICE;
Plaintiff’s state law claims against all Defendants are DISMISSED WITH
Plaintiff may file an amended complaint consistent with this Order on or before
June 30, 2015.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.
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