DAVENPORT v. POTTSTOWN HOSPITAL COMPANY LLC et al

Filing 49

ORDER THAT DEFENDANTS NORTH COVENTRY TOWNSHIP, JESSE SMITH, VICTORIA HIPPLE AND TIMOTHY PROUTY'S PARTIAL MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. WE DISMISS THE TOWNSHIP. PLAINTIFF MAY PROCEED ON HIS INTENTIONAL INFLICTION OF EMO TIONAL DISTRESS CLAIM AGAINST THE JESSE SMITH, VICTORIA HIPPLE AND TIMOTHY PROUTY WHO SHALL ANSWER THE SECOND AMENDED COMPLAINT ON OR BEFORE 10/20/17. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/6/17. 10/6/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, )

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

RAYMOND SAMUEL DAVENPORT,
III

v.

CIVIL ACTION

NO. 17-1616

POTTSTOWN HOSPITAL COMPANY
LLC, et al.
ORDER
AND NOW, this

6th

day of October 2017, upon considering Defendants North Coventry

Township, Jesse Smith, Victoria Hipple and Timothy Prouty's partial Motion to dismiss (ECF
Doc. No. 40), Plaintiffs Response (ECF Doc. No. 44) and for reasons in the accompanying
Memorandum, it is ORDERED Defendants' partial Motion to dismiss (ECF Doc. No. 40) is
GRANTED in part and DENIED in part:
1.

Plaintiffs §1983 claims under the First Amendment against North Coventry

Township, Jesse Smith and Victoria Hipple (Count I) are dismissed with prejudice;
2.

Plaintiffs §1983 claims under the Second Amendment against Jesse Smith and

Timothy Prouty (Count III) are dismissed with prejudice;
3.

Plaintiffs supervisory liability claim against the Township (Count IV) is

dismissed;
4.

Plaintiffs Religious Freedom Restoration Act claim against the Township (Count

V) is dismissed with prejudice;
5.

Plaintiffs malicious prosecution claim against Jesse Smith (Count IX) is

dismissed with prejudice;
6.

Plaintiffs intentional infliction of emotional distress claim against the Township

(Count X) is dismissed with prejudice;
7.

We dismiss the Township; and,

8.

Plaintiff may proceed on his § 1983 Fourth Amendment claim against Jesse Smith

(Count II) and intentional infliction of emotional distress claim against Jesse Smith, Victoria
Hipple and Timothy Prouty (in Count X) who shall answer the Second Amended Complaint on
or before October 20, 2017.

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