MACOLINO v. TOWNSHIP OF LOWER MORELAND et al

Filing 40

MEMORANDUM AND ORDER THAT OFFICER MCCOY'S MOTION IS GRANTED REGARDING PLAINTIFFS 1983 FALSE IMPRISONMENT. MALICIOUS PROSECUTION AND DENIAL OF THE DUE PROCESS CLAIMS AND PLAINTIFFS STATE LAW FALSE ARREST AND FILE IMPRISONMENT CLAIMS. OFFICER MCCO Y'S MOTION IS DENIED REGARDING PLAINTIFFS 1983 FALSE ARREST CLAIM AND STATE LAW MALICIOUS PROSECUTION CLAIM AS WELL AS PLAINTIFFS CLAIM FOR PUNITIVE DAMAGES. DEFENDANT MULLEN'S MOTION IS GRANTED REGARDING PLAINTIFFS 1983 FALSE ARREST, FALSE IMPRISIONMENT, MALICIOUS PROSECUTION AND DENIAL OF DUE PROCESS CLAIMS AND PLAINTIFFS STATE LAW FALSE ARREST AND FALSE IMPRISONMENT CLAIMS. MULLEN'S MOTION IS DENIED REGARDING PLAINTIFFS STATE LAW MALICIOUS PROSECUTION CLAIM. DEFENDANTS SHALL RESPOND TO THE AMENDED COMPLAINT WITHIN 14 DAYS OF THIS ORDER. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 9/30/20. 9/30/20 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
:
PAUL MACOLINO,
:
:
Plaintiff,
:
:
v.
:
:
TOWNSHIP OF LOWER MORELAND, et al.,
:
:
Defendants.
:
____________________________________________:

CIVIL ACTION

No. 18-1476

ORDER
AND NOW, this 30th day of September, 2020, upon consideration of Defendant Officer
Sean McCoy’s Motion to Dismiss (ECF No. 34), Defendant Raymond Mullen’s Motion to Dismiss
(ECF No. 35), and Plaintiff’s responses thereto (ECF Nos. 36 and 38), it is hereby ORDERED
that:
•

Defendant Officer McCoy’s motion is GRANTED regarding Plaintiff’s § 1983 false
imprisonment, malicious prosecution, and denial of due process claims and Plaintiff’s state
law false arrest and false imprisonment claims.

•

Defendant Officer McCoy’s motion is DENIED regarding Plaintiff’s § 1983 false arrest
claim and state law malicious prosecution claim as well as Plaintiff’s claim for punitive
damages.

•

Defendant Mullen’s motion is GRANTED regarding Plaintiff’s § 1983 false arrest, false
imprisonment, malicious prosecution, and denial of due process claims and Plaintiff’s state
law false arrest and false imprisonment claims.

•

Defendant Mullen’s motion is DENIED regarding Plaintiff’s state law malicious
prosecution claim.

•

Defendants shall respond to the Amended Complaint within 14 days of the date of this
Order.

BY THE COURT:

/s/ Mitchell S. Goldberg_____
MITCHELL S. GOLDBERG, J.