JUISTI v. CITY OF CHESTER et al

Filing 20

ORDER THAT THE MOTIONS OF DEFENDANTS TO DISMISS THE COMPLAINT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/22/18. 10/22/18 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH JUISTI
v.
CITY OF CHESTER, et al.

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CIVIL ACTION

NO. 18-2317

ORDER
AND NOW, this 22nd day of October, 2018, for the
reasons set forth in the accompanying memorandum, it is hereby
ORDERED that the motions of defendants to dismiss the complaint
(Docs. ## 13 and 16) are GRANTED in part as follows:
(1)

Count I of the complaint, “Violation of Title

VII—Reverse Race Discrimination,” is dismissed as to defendants
Otis Blair and Marilyn Lee;
(2)

Count II of the complaint, “Violation of the

Americans with Disabilities Act of 1990,” is dismissed as to
defendant Otis Blair;
(3)

Count III of the complaint, “Retaliation under

Title VII and the Americans with Disabilities Act,” is dismissed
as to defendants Thaddeus Kirkland, Otis Blair, James Nolan,
Steven Gretsky, Marilyn Lee, and William Shaw, and to the extent
that it alleges retaliation under the Americans with
Disabilities Act, 42 U.S.C. §§ 12101 et seq.;
(4)

Counts IV and V of the complaint, “Violation of

42 U.S.C. § 1983,” are dismissed in their entirety;

(5)

Count VI of the complaint, “Violation of 42

U.S.C. § 1985(2),” is dismissed in its entirety;
(6)

Count VII of the complaint, “Intentional

Infliction of Emotional Distress,” is dismissed in its entirety;
(7)

Count VII of the complaint, “Breach of the Duty

of Fair Representation,” is dismissed as to defendant Randy
Bothwell;
(8)

Count IX of the complaint, “Civil Conspiracy,” is

dismissed in its entirety; and
(9)

the motions to dismiss are otherwise DENIED.
BY THE COURT:

/s/ Harvey Bartle III
J.

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