THOMAS v. CITY OF CHESTER et al

Filing 10

ORDER THAT DEFTS' PARTIAL MOTION TO DISMISS IS GRANTED IN PART & DENIED IN PART AS FOLLOWS: COUNT I OF THE FIRST AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. THE CLAIM AGAINST THE INDIVIDUAL DEFTS IN THEIR OFFICIAL CAPACITIES ARE DISMISSED WIT H PREJUDICE. THE MONELL CLAIMS AGAINST DEFT CITY OF CHESTER IS DISMISSED WITHOUT PREJUDICE TO PLFF'S RIGHT TO AMEND THE MONELL CLAIM IN A SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THE ENTRY OF THIS ORDER, ETC. DEFT'S MOTION TO DISMISS IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/21/16. 3/22/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KORI THOMAS,

CIVIL ACTION
Plaintiff,

v.
CITY OF CHESTER,
POLICE OFFICER JAMISON ROGERS,
and JOHN DOES, Badge No. Unknown,
Defendants.

NO. 15-3955

ORDER
AND NOW, this 21st day of March, 2016, upon consideration of defendants’ Partial
Motion to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Doc. No. 6, filed
October 8, 2015), plaintiff’s Response to Defendants’ Motion to Dismiss (Doc. No. 7, filed
October 22, 2015), and defendants’ Reply Brief in Support of Motion to Dismiss Amended
Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Doc. No. 8, filed October 24, 2015), for the
reasons set forth in the accompanying Memorandum dated March 21, 2016, IT IS ORDERED
that defendants’ Partial Motion to Dismiss is GRANTED IN PART and DENIED IN PART as
follows:
1.

That part of defendants’ Motion to Dismiss which seeks dismissal of Count I of

the First Amended Complaint is GRANTED. Count I of the First Amended Complaint is
DISMISSED WITH PREJUDICE.
2.

That part of defendant’s Motion to Dismiss which seeks dismissal of plaintiff’s

claims against the individual defendants in their official capacities included in Counts II, III, and
IV of the First Amended Complaint is GRANTED. The claims against the individual defendants
in their official capacities are DISMISSED WITH PREJUDICE.

3.

That part of defendant’s Motion to Dismiss which seeks dismissal of plaintiff’s

Monell claim asserted in Count V of the First Amended Complaint against defendant City of
Chester is GRANTED. The Monell claim against defendant City of Chester is DISMISSED
WITHOUT PREJUDICE to plaintiff’s right to amend the Monell claim in a second amended
complaint within twenty (20) days of the entry of this Order if warranted by the facts and
applicable law.
4.

Defendant’s Motion to Dismiss is DENIED IN ALL OTHER RESPECTS.

IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled
in due course.
BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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