GARY v. BAUDER et al

Filing 24

MEMORANDUM AND/OR OPINION SETTING FORTH THE REASONS WHY THE COURT IS GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS (DOCKET NOS. 5 AND 6). AN APPROPRIATE ORDER FOLLOWS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/17/17. 2/17/17 ENTERED AND COPIES E-MAILED.(rab, )

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

DWAYNE GARY,
Plaintiff,
v.
C/O BAUDER et al.,
Defendants.

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CIVIL ACTION

No. 16-2861

ORDER
AND NOW, this 17th day of February, 2017, upon consideration of Defendants’ Motions
to Dismiss (Docket Nos. 5, 6) and Plaintiff’s Response thereto (Docket No. 21), it is hereby
ORDERED that the Motions (Docket Nos. 5, 6) are GRANTED in part and DENIED in part
as follows:

1. All claims against Defendants Bauder, Collins, Zamosky, Zerr, Fuentes, Miller,
Smith, and Algarin in their official capacities are DISMISSED.
2. Count VII – Retaliation is DISMISSED in part, to the extent that Mr. Gary bases his
claim of retaliation on verbal harassment.
3. Count VII – Conspiracy is DISMISSED in part, such that the only portion of that
claim that will remain is a § 1983 conspiracy to file false misconduct charges as
retaliation for Mr. Gary’s verbal complaints as to Defendant Officers Bauder,
Zamosky, and Zerr, and Lt. Collins only.
4. Count VIII – Intentional Infliction of Emotional Distress is DISMISSED as to
Defendant Montgomery County only.

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5. All requests for injunctive relief are deemed WITHDRAWN.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge

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