LEBEAU v. RAITH et al
MEMORANDUM ORDER THAT THE PRISON DEFENDANTS' MOTION (DOC. NO. 12 ), IS GRANTED AND THE PROBATION DEFENDANTS' MOTION (DOC. NO. 13 ), IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFF MAY FILE AN AMENDED COMPLAINT WITHIN TWENTY-ONE (21) DAYS OF THIS ORDER'S ENTRY ON THE PUBLIC DOCKET. SIGNED BY HONORABLE GENE E.K. PRATTER ON 5/23/2017. 5/24/2017 ENTERED AND COPIES E-MAILED.(amas)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL W. RAITH et al.,
AND NOW, this 23rd day of May, 2017, upon consideration of the Motion to Dismiss
filed by Community Education Centers, Inc. (“CEC”), George W. Hill Correctional Facility
(“GWHCF”), James Mattera, and Ms. Cummings (the “Prison Defendants”) (Doc. No. 12), the
Motion to Dismiss filed by Delaware County Adult Probation and Parole (“DCAPP”), Leanne
Montgomery, Michael Raith, Danielle Hibberd, and Christine Katch (the “Probation
Defendants”) (Doc. No. 13), Plaintiff’s Responses in Opposition (Doc. Nos. 18-19), and after
oral argument held on May 5, 2017, it is hereby ORDERED that the Prison Defendants’
Motion (Doc. No. 12) is GRANTED and the Probation Defendants’ Motion (Doc. No. 13) is
GRANTED IN PART AND DENIED IN PART.
1. The Defendants’ Motions (Doc. Nos. 12-13) are GRANTED such that:
a. All claims asserted against DCAPP and GWHCF are DISMISSED WITH
b. All official capacity claims asserted against Defendants Mattera, Cummings,
Montgomery, Raith, Hibberd, and Katch are DISMISSED WITH PREJUDICE.
c. All individual capacity claims asserted against Defendants Mattera, Cummings,
Raith, Hibberd, and Katch are DISMISSED WITHOUT PREJUDICE.
d. The Monell claim asserted against CEC is DISMISSED WITHOUT
e. The claims asserted against Ms. Montgomery in Counts I and V of the Complaint
are DISMISSED WITHOUT PREJUDICE.
2. The Probation Defendants’ Motion (Doc. No. 13) is DENIED with respect to all claims
asserted against Ms. Montgomery in her individual capacity in Counts II, III, and IV of
3. Plaintiff may file an amended complaint within twenty-one (21) days of this Order’s
entry on the public docket.
BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge
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