SUBER-APONTE v. BOROUGH OF POTTSTOWN et al

Filing 88

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS THE THIRD AMENDED COMPLAINT 55 , IT IS ORDERED THAT DEFENDANTS' MOITON IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE WENDY BEETLESTONE ON 9/23/16. 9/23/16 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHANICQUA SUBER-APONTE,
Plaintiff,

CIVIL ACTION

v.
BOROUGH OF POTTSTOWN, MARK
FLANDERS, JAMES YOST, CHARLES
WELLER, RICHARD DRUMHELLER,
Defendants.

NO. 15-1314

ORDER
AND NOW, this 23rd day September, 2016, upon consideration of Defendants’ Motion
to Dismiss the Third Amended Complaint (ECF No. 55); Plaintiff’s Response in Opposition
thereto (ECF No. 58); and Defendants’ Reply in Support thereof (ECF No. 81), and for the
reasons set forth in the Court’s Memorandum of September 23, 2016 (ECF No. 87), IT IS
ORDERED that Defendants’ motion is GRANTED in part and DENIED in part as follows:
(1) Defendants’ motion is GRANTED with respect to the following claims, which are
DISMISSED WITH PREJUDICE:
(a) All claims under 18 U.S.C. § 241, 18 U.S.C. § 242, 18 U.S.C. § 245, 18 U.S.C.
§ 1001, 42 U.S.C. § 14141, and 42 U.S.C. § 3789d(c) against all Defendants;
(b) All Claims under 42 U.S.C. § 1983 against Defendants Drumheller, Flanders, and
Weller;
(c) Claims for intentional infliction of emotional distress (IIED) against Defendants
Drumheller, Flanders, and Weller;
(d) The claim under 42 U.S.C. § 1983 (Ninth Amendment) against the Borough of
Pottstown; and
(e) The claim for negligence against the Borough of Pottstown.
(2) Defendants’ motion is DENIED with respect to the following claims:
(a) The claim under 42 U.S.C. § 1983 (Deprivation of rights – Fourteenth
Amendment: Equal Protection) against Defendant Yost;

(b) The claim for intentional infliction of emotional distress (IIED) against Defendant
Yost; and
(c) The claim under 42 U.S.C. § 1983 (First Amendment retaliation) against the
Borough of Pottstown.

BY THE COURT:

/S/WENDY BEETLESTONE, J.

WENDY BEETLESTONE, J.

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