THOMAS v. CHIEF OF POLICE et al

Filing 67

ORDER THAT THE PARTS OF DEFENDANTS' MOTIONS THAT SEEK DISMISSAL OF PLAINTIFF'S CLAIMS FOR VIOLATIONS OF THE FOURTH AMENDMENT AGAINST CERTAIN DEFENDANTS' ARE GRANTED WITH PREJUDICE. THE PARTS OF DEFENDANTS' MOTIONS THAT SEEK DISMIS SAL OF PLAINTIFF'S CLAIMS FOR VIOLATIONS OF THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT AGAINST CERTAIN DEFENDANTS' ARE GRANTED WITH PREJUDICE. THE PART OF THE MOTION OF DEFENDANTS CHIEF OF POLICE STANLEY J. COOPERSMITH AND BUSHKILL TOWNSHIP TO PARTIALLY DISMISS PLAINTIFF'S AMENDED COMPLAINT THAT SEEKS DISMISSAL OF PLAINTIFF'S MONELL CLAIM AGAINST BUSHKILL TOWNSHIP IS GRANTED WITH PREJUDICE. DEFENDANTS' MOTIONS ARE DENIED IN ALL OTHER RESPECTS. IT IS FURTHER ORDER ED THAT THE CAPTION OF THE CASE IS AMENDED TO DELETE REFERENCE TO BUSHKILL TOWNSHIP. IT IS FURTHER ORDERED THAT A TELEPHONE CONFERENCE TO SCHEDULE FURTHER PROCEEDINGS IN THIS CASE WILL BE HELD IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/12/2014. 3/12/2014 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DALE A. THOMAS,

CIVIL ACTION
Plaintiff,

v.
BUSHKILL TOWNSHIP,
STANLEY J. COOPERSMITH,
Chief of Police,
DALE STEIGERWALT, Police Officer,
ELLIS PYSHER, Police Officer,
DAVID MARINO, Police Officer,
MANDY LOHMAN, Police Officer,
CRYSTAL HAPPEL, Police Officer, and
RYAN VRESICS, Police Officer,
Defendants.

NO. 11-7578

ORDER
AND NOW, this 12th day of March, 2014, upon consideration of Motion of
Defendants Chief of Police Stanley J. Coopersmith and Bushkill Township to Partially Dismiss
Plaintiff’s Amended Complaint Pursuant to Federal Rule 12(b)(6) (Document No. 46, filed
August 30, 2013); Defendants, Officers Dale Steigerwalt, Ellis Pysher, and Ryan Vresic’s
Motion to Dismiss Plaintiff’s Amended Complaint (Document No. 59, filed October 21, 2013);
Motion of Defendants David Marino, Mandy Lohman and Cystal Happel to Dismiss Plaintiff’s
Amended Complaint (Document No. 60, filed October 21, 2013), and the related submissions of
the parties, for the reasons set forth in the attached Memorandum dated March 12, 2014, IT IS
ORDERED as follows:
1.

The parts of defendants’ Motions that seek dismissal of plaintiff’s § 1983 claims

for violations of the Fourth Amendment against Stanley J. Coopersmith, Dale Steigerwalt, Ellis
Pysher, Ryan Vresic, David Marino, Mandy Lohman, and Cystal Happel are GRANTED WITH

PREJUDICE.
2.

The parts of defendants’ Motions that seek dismissal of plaintiff’s § 1983 claims

for violations of the Due Process Clause of the Fourteenth Amendment against Stanley J.
Coopersmith, Dale Steigerwalt, Ellis Pysher, Ryan Vresic, David Marino, Mandy Lohman, and
Cystal Happel are GRANTED WITH PREJUDICE.
3.

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

Bushkill Township to Partially Dismiss Plaintiff’s Amended Complaint Pursuant to Federal Rule
12(B)(6) that seeks dismissal of plaintiff’s Monell claim against Bushkill Township is
GRANTED WITH PREJUDICE.
4.

Defendants’ Motions are DENIED in all other respects.1

IT IS FURTHER ORDERED that the caption of the case is amended to DELETE
reference to Bushkill Township.
IT IS FURTHER ORDERED that a telephone conference to schedule further
proceedings in this case will be held in due course.

BY THE COURT:

/s/ Jan E. DuBois hjhhhhhhss
DuBOIS, JAN E., J.

1

The Court’s denial of the parts of defendants’ Motions that seek dismissal of plaintiff’s equalprotection claims are without prejudice to defendants’ right to raise their statute-of-limitations
defense by motion(s) for summary judgment after discovery.
2