GARY v. BAUDER et al

Filing 25

ORDERED THAT DEFENDANTS' MOTIONS TO DISMISS (DOCKET NOS. 5 & 6) ARE GRANTED IN PART AND DENIED IN PART AS SET FORTH IN THE ORDER. ALL REQUESTS FOR INJUNCTIVE RELIEF ARE DEEMED WITHDRAWN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/17/17. 2/17/17 ENTERED AND COPIES E-MAILED.(rab, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DWAYNE GARY, Plaintiff, v. C/O BAUDER et al., Defendants. : : : : : : : 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. 1 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 All requests for injunctive relief are deemed WITHDRAWN.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 2

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