LABAR v. ALERCIA et al

Filing 26

ORDER THAT THE MOTIONS ARE GRANTED FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM. COUNT I, II, III, VI, VII, VII, IX, AND XII ARE DISMISSED. PLAINTIFF'S REQUEST FOR PUNITIVE DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF ARE DISMISSED.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/30/10. 9/30/10 ENTERED AND COPIES E-MAILED.(dp, )

LABAR v. ALERCIA et al

Doc. 26

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DANIEL LABAR, individually and as Administrator of the Estate of JOLENE LABAR Plaintiffs v. OFFICER JAMES T. ALERCIA, et al. Defendants : : : : : : : : :

Civil Case

No. 09-4182

ORDER AND NOW, this 30th day of September, 2010, upon consideration of motion of defendants for partial dismissal under Federal Rule of Civil Procedure 12(b)(6) (Doc. # 6), Defendants Borough of Wilson, Chief Richard Nace, Mayor David Purusso, Karen Lohrman, Officer Michael Potope, and John Does 1-10's motion to partially dismiss (Doc. # 17), and all responses and replies to the motions, and following an August 27, 2010 oral argument, it is hereby ORDERED that: 1. The motions are GRANTED for the reasons set forth in the accompanying memorandum; 2. Count I, count II, count III, count VI, count VII, count VIII, count IX, and count XII are dismissed; and 3. Plaintiff's request for punitive damages and declaratory and injunctive relief are dismissed. BY THE COURT:

/s/ LAWRENCE F. STENGEL LAWRENCE F. STENGEL, J. 1

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