THOMAS v. CHIEF OF POLICE et al

Filing 17

ORDER DEFTS' MOTION TO DIUSMISS PLFF'S COMPLAINT (DOC #6) IS DENIED, ETC. PLFF'S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF (DOC #12) IS DENIED. THE MOTION OF DEFTS CHIEF OF POLICE STANLEY J. COOPERSMITH AND BUSHKILL TOWNSHIP TO DISMISS PLFF'S COMPLAINT (DOC #14) IS DENIED, ETC. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. (. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/20/12. ) 8/22/12 ENTERED AND COPIES MAILED, E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DALE A. THOMAS,
Plaintiff,
v.
CHIEF OF POLICE STANLEY J.
COOPERSMITH, BUSHKILL TOWNSHIP,
and BUSHKILL TOWNSHIP POLICE
OFFICERS JOHN DOE NOS. 1-5,
Defendants.

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CIVIL ACTION

NO. 11-7578

ORDER
AND NOW, this 20th day of August, 2012, upon consideration of Defendants’ Motion to
Dismiss Plaintiff’s Complaint Pursuant to Federal Rule 12(b)(2), (5) & (6) and Rule 12(f) Motion to
Strike the “Damages” Section of the Complaint (Document No. 6, filed March 20, 2012), pro se
plaintiff’s Memorandum of Law in Opposition to Motion to Dismiss (Document No. 10, filed May
1, 2012), pro se plaintiff’s Motion for Preliminary Injunctive Relief (Document No. 12, filed July
13, 2012), the Answer of Defendants Bushkill Township and Chief of Police Stanley J.
Coopersmith in Opposition to the Motion for Preliminary Injunctive Relief (Document No. 13, filed
July 27, 2012), and the Motion of Defendants Chief of Police Stanley J. Coopersmith and Bushkill
Township to Dismiss Plaintiff’s Complaint Pursuant to Federal Rule 12(b)(6) and Rule 12(f)
Motion to Strike Portions of the “Damages” Section of the Complaint (Document No. 14, filed July
30, 2012), for the reasons set forth in the Memorandum dated August 20, 2012, IT IS ORDERED
as follows:
1.

Defendants’ Motion to Dismiss Plaintiff’s Complaint Pursuant to Federal Rule

12(b)(2), (5) & (6) and Rule 12(f) Motion to Strike the “Damages” Section of the Complaint
(Document No. 6, filed March 20, 2012) is DENIED with respect to plaintiff’s class-of-one claim
against Chief of Police Stanley J. Coopersmith and Bushkill Township Police Officers John Doe

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Nos. 1-5, plaintiff’s claim for punitive damages against Chief of Police Stanley J. Coopersmith, and
those parts of the motion which relate to service of process, and GRANTED in all other respects;
2.

Plaintiff’s Motion for Preliminary Injunctive Relief (Document No. 12, filed July 13,

2012) is DENIED; and
3.

The Motion of Defendants Chief of Police Stanley J. Coopersmith and Bushkill

Township to Dismiss Plaintiff’s Complaint Pursuant to Federal Rule 12(b)(6) and Rule 12(f)
Motion to Strike Portions of the “Damages” Section of the Complaint (Document No. 14, filed July
30, 2012) is DENIED with respect to plaintiff’s class-of-one claim under the Equal Protection
Clause against Chief of Police Stanley J. Coopersmith and Bushkill Township Police Officers John
Doe Nos. 1-5, plaintiff’s claim for punitive damages against Chief of Police Stanley J. Coopersmith,
and the argument that Coopersmith is entitled to qualified immunity, and GRANTED in all other
respects.
IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled in
due course.

BY THE COURT:

_/s/ Hon. Jan E. DuBois______________
JAN E. DUBOIS, J.

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