SWINGON v. SIMONSON et al

Filing 17

ORDER THAT COUNTS I & II ARE DISMISSED WITH PREJUDICE. COUNT IV IS DISMISSED WITH PREJUDICE. MOTION TO DISMISS IS DENIED AS TO PLFF'S CLAIM FOR EXCESSIVE USE OF FORCE (COUNT III) AGAINST DEFT SIMONSON & GRANTED TO THE EXTENT IT ASSERTS ANY CLAIM FOR EXCESSIVE USE OF FORCE AGAINST THE REMAINING DEFTS OUTSIDE OF MONELL LIABILITY. PLFF'S CLAIMS FOR MONELL LIABILITY (COUNT V) ARE DISMISSED WITH PREJUDICE AS TO SIMONSON & DISMISSED WITHOUT PREJUDICE AS TO ALL OTHER DEFTS. PLFF SHALL, IF HE SO DESIRES, FILE A THIRD AMENDED COMPLAINT WITHIN 14 DAYS OF THE DOCKETING OF THIS ORDER, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/3/16. 5/3/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
D’MEIR SWINGON, a minor by and
through Parent and Natural Guardian
KIM LONG,

CIVIL ACTION

Plaintiff,
v.

NO. 16-cv-475

RONALD SIMONSON, CHESTER HIGH
SCHOOL and CHESTER UPLAND
SCHOOL DISTRICT,
Defendants.
ORDER
And NOW, this 3rd day of May, 2016, and for the reasons stated in the foregoing
Memorandum, upon consideration of Defendant Ronald Simonson’s Motion to Dismiss
Plaintiff’s Second Amended Complaint (ECF 12), as well as Defendants’ Chester Upland School
District and Chester High School (Incorrectly Named as a Defendant) Motion to Dismiss
Plaintiff’s Second Amended Complaint (ECF 13), and all responses and replies thereto, it is
hereby ORDERED that:
1. Counts I and II, alleging negligence against all Defendants, are DISMISSED WITH
PREJUDICE;
2. Count IV, alleging state created danger against all Defendants, is DISMISSED WITH
PREJUDICE;
3. The Motion to Dismiss is DENIED as to Plaintiff’s claim for excessive use of force
(Count III) against Defendant Simonson and GRANTED to the extent it asserts any
claim for excessive use of force against the remaining Defendants outside of Monell
liability;
4. Plaintiff’s claims for Monell liability (Count V) are DISMISSED WITH PREJUDICE
as to Simonson and DISMISSED WITHOUT PREJUDICE as to all other Defendants.
Plaintiff shall, if he so desires, file a Third Amended Complaint within fourteen (14) days
of the docketing of this Order. If Plaintiff fails to file a new complaint, dismissal of the
Monell claims shall be with prejudice.

BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.

O:\CIVIL 16\16-475 Swingon v. Simonson\16-475.mtdSAC.doc