BENJAMIN v. FASSNACHT et al
MEMORANDUM AND/OR OPINION ORDER THAT THE MOTION (DOC. #4) IS GRANTED. COUNT V IS DISMISSED WITH PREJUDICE AS TO DEFTS JAMES B. FASSNACHT AND CORPORAL BRAY. ALL OTHER CLAIMS AGAINST DEFTS JAMES B. FASSNACHT AND CORPORAL BRAY ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFFS ARE GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 21 DAYS IN CONFORMITY WITH THE ACCOMPANYING MEMORANDUM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/1/2012; 8/2/2012 ENTERED AND COPIES E-MAILED.(tomg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSHUA BENJAMIN, a minor, by
THOMAS BENJAMIN and JANET
JAMES B. FASSNACHT, et al.,
AND NOW, this 1st day of August 2012, upon consideration of the Motion of
Defendants James B. Fassnacht and Corporal Bray to Dismiss the Complaint (Doc. No. 4), and
the opposition thereto, it is hereby ORDERED that the Motion is GRANTED. Count V
(intentional infliction of emotional distress) is DISMISSED WITH PREJUDICE as to
Defendants James B. Fassnacht and Corporal Bray. All other claims against Defendants James
B. Fassnacht and Corporal Bray are DISMISSED WITHOUT PREJUDICE.
It is further ORDERED that Plaintiffs are granted leave to file an amended complaint
within 21 days in conformity with the accompanying memorandum.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
CYNTHIA M. RUFE, J.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?