OCASIO v. CIACH et al

Filing 14

ORDER THAT DEFTS' MOTION FOR PARTIAL DISMISSAL IS GRANTED IN PART & DENIED IN PART, ETC. DEFTS' MOTION TO STRIKE IS DENIED.SIGNED BY HONORABLE J. CURTIS JOYNER ON 8/3/17. 8/4/17 ENTERED AND COPIES E-MAILED.(kw, )

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

NELSON OCASIO,

:
:
Plaintiff,
:
:
v.
:
:
MAYOR MICHAEL CIACH, COUNCIL :
PRESIDENT CHRISTINE PETERSON, :
and THE BOROUGH OF UPLAND,
:
:
Defendants.
:

CIVIL ACTION
NO. 17-cv-755

ORDER

AND NOW, this

3rd

day of August, 2017, upon consideration

of Defendants’ Motion for Partial Dismissal and Defendants’
Motion to Strike (Doc. No. 11) and Plaintiff’s Opposition thereto
(Doc. No. 12), it is hereby ORDERED that:
(1) Defendants’ Motion for Partial Dismissal is GRANTED in
part and DENIED in part;
(2) All claims against Defendant Borough of Upland and
Defendants Michael Ciach and Christine Peterson in their official
capacities are hereby DISMISSED WITH PREJUDICE;
(3) Count II and Count III of Plaintiff’s Complaint are
hereby DISMISSED WITH PREJUDICE;
(4) Plaintiff’s claims in Count I and Count IV against
Defendants Michael Ciach and Christine Peterson in their
individual capacities will be permitted to proceed, except that
any claims against the remaining Defendants for conspiracy to

violate the First Amendment or Whistleblower Act are DISMISSED
WITH PREJUDICE;
(5) Defendants’ Motion to Strike is DENIED.

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.