AKL v. PENNSYLVANIA STATE POLICE TROOP K- DELAWARE COUNTY et al

Filing 17

ORDER THAT THE MOTION TO DISMISS IN PART IS GRANTED. IT IS FURTHER ORDERED THAT SHOULD PLAINTIFF DESIRE TO FILE AN AMENDED COMPLAINT, SUCH AMENDED COMPLAINT SHALL BE FILED 30 DAYS OF THE ENTRY DATES OF THIS ORDER. MOVING DEFENDANTS SHALL HAVE 21 DAYS TO RESPOND THERETO. SIGNED BY HONORABLE J. CURTIS JOYNER ON 9/22/16. 9/23/16 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
YASMINE AKL

:
:
Plaintiff
: CIVIL ACTION
:
vs.
:
:
PENNSYLVANIA STATE POLICE
:
TROOP K- DELAWARE COUNTY,
: NO. 16-CV-1096
LT. ERIC J. TURK, STATION
:
COMMANDER, PENNSYLVANIA STATE :
POLICE TROOP K, CPT. JAMES P. :
RAYKOVITZ, COMMANDING OFFICER :
PENNSYLVANIA STATE POLICE
:
TROOP K, TROOPER MATTHEW
:
GIBSON, PENNSYLVANIA STATE
:
POLICE, TROOP K, UNIDENTIFIED :
TROOPER #1, PENNSYLVANIA STATE:
POLICE TROOP K, and
:
UNIDENTIFIED TROOPER #2,
:
PENNSYLVANIA STATE POLICE,
:
TROOP K, DONIKA PLYKU, and
:
DOSHI PRIFTI
:
:
Defendants
:
ORDER
AND NOW, this

22nd

day of September, 2016, upon

consideration of the Motion to Dismiss in Part by the
Pennsylvania State Police Troop K - Delaware County, Lt. Eric J.
Turk, Capt. James P. Raykovitz, Trooper Matthew Gibson, and
Unidentified Troopers #1 and #2 (Doc. No. 8), Plaintiff’s
Response in Opposition thereto and Moving Defendants’ Reply
Brief, it is hereby ORDERED that the Motion is GRANTED as
follows:
1.

All of Plaintiff’s claims against the Pennsylvania State

Police Troop K - Delaware County and all official capacity claims

which Plaintiff seeks to assert against Defendants Turk,
Raykovitz, Gibson and Unidentified Troopers #1 and #2 are
DISMISSED WITH PREJUDICE.
2.

All of Plaintiff’s claims for violations of substantive

and procedural due process under the Fourteenth Amendment
asserted in Counts I, II, III and V are DISMISSED WITH PREJUDICE,
and Count V is DISMISSED in its entirety with the proviso that
Plaintiff’s claim for violation of procedural due process as
asserted in Count V, is DISMISSED WITHOUT PREJUDICE.
3.

Counts VI and VII are DISMISSED WITH PREJUDICE.

4.

All of Plaintiff’s remaining claims against Defendants

Turk and Raykovitz are DISMISSED in their entirety WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that should Plaintiff desire to file
an Amended Complaint, such Amended Complaint shall be filed
within thirty (30) days of the entry date of this Order.
Thereafter, Moving Defendants shall have twenty-one (21) days to
respond thereto.
BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER,

J.