STRAUSE et al v. STARNER

Filing 14

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/31/09. 9/1/09 ENTERED AND COPIES E-MAILED.(ah)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HEIDI STRAUSE, et al., Plaintiffs v. THOMAS STARNER, Defendant : : : : : : : CIVIL ACTION

NO. 09-2249

ORDER STENGEL, J.

AND NOW, this 31st day of August, 2009, upon consideration of the defendant's Motion to Dismiss (Document #5), it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART as follows: 1. 2. 3. 4. With respect to Count I (Illegal Seizure), the motion is DENIED; With respect to Count II (Illegal Arrest), the motion is GRANTED; With respect to Count III (Race Discrimination), the motion is GRANTED; and Any request for punitive damages against the defendant in his official capacity is DISMISSED.

BY THE COURT:

/s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.