ALI v. MCCLINTON et al

Filing 16

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 6/14/2017. 6/14/2017 ENTERED AND COPIES E-MAILED.(kp, )

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

EL SHAFIYQ ASAD ALI
Plaintiff,

v.
CIVIL ACTION
No.16-6373

REP. JOANNA MCCLINTON
Individually and in her official capacity as
Pennsylvania State Representative, and
PENNSYLVANIA HOUSE OF
REPRESENTATIVES
Defendants.

FILED
JUN 14 2017
KATE BARKMAN, Clerk
By
Dep. Clerk

ORDER
This

14th

day of June, 2017, upon consideration of Plaintiffs Complaint, Defendants'

Motions to Dismiss (Dkt. 6), and the Responses and Replies thereto, it is hereby ORDERED that
Defendants' Motion is GRANTED in part and DENIED in part. Plaintiffs claims against
Defendant McClinton in her official capacity and against Defendant Pennsylvania House of
Representatives are barred by Eleventh Amendment immunity and DISMISSED with prejudice.
With respect to Plaintiffs suit against McClinton in her personal capacity, his whistleblower claim
based on a report of wrongdoing and his § 1983 claims based on ethnic and religious discrimination
are DISMISSED with leave to amend pursuant to Rule 12(b)(6); Defendants' Motion to Dismiss is

DENIED with respect to Plaintiffs First Amendment claim and his whistleblower claim based on a
report of waste.

,/()___-Cf,.-:;.&/
Gerald Austin McHugh
United States District Judge