KANE v. CHESTER COUNTY DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES et al
Filing
74
ORDER/OPINION THAT DEFENDANTS MOTIONS NO. 57 AND 58 ARE GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/1/15. 7/2/15 ENTERED AND COPIES E-MAILED.(ky, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
JEREMIAH F. KANE,
as Guardian ad litem of K.J. and I.J.P.,
also known as I.P., both minors,
:
:
:
:
Plaintiff,
:
v.
:
:
COUNTY OF CHESTER, PENNSYLVANIA;
:
SARAH SCOTTO, Caseworker;
:
SANDRA THOMAS, Supervisor;
:
THE CHILDREN’S HOME OF READING
:
YOUTH AND FAMILY SERVICES, INC.;
:
MICHAEL ROCK, CHOR Case Manager;
:
TRISTA MORRISSEY;
:
CARMEN RIVERA, Supervisor;
:
KATHRYN REECE, Caseworker;
:
NANCY WARWICK, Caseworker; and
:
SHADELL QUINONES, Supervisor,
:
:
Defendants.
:
__________________________________________
CIVIL ACTION
No. 12-cv-6649
ORDER
AND NOW, this 1st day of July, 2015, upon consideration of the Motion of Defendants
The Children’s Home of Reading Youth and Family Services, Inc., Michael Rock, and Trista
Morrissey (collectively “the CHOR Defendants”), to Partially Dismiss and Strike the Fourth
Amended Complaint, ECF No. 57, the Motion of Defendants County of Chester, Pennsylvania,
Sarah Scotto, Sandra Thomas, Carmen Rivera, Nancy Reece, Katheryn Warwick, and Shadell
Quinones (collectively “the County Defendants”), to Strike and/or Dismiss Portions of the
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Plaintiff’s Fourth Amended Complaint, ECF No. 58, and the responses thereto, ECF Nos. 62, 63,
it is hereby ORDERED as follows:
1. The CHOR Defendants’ Motion, ECF No. 57, is GRANTED in part and DENIED in
part, as follows:
a. The CHOR Defendants’ Motion is GRANTED to the extent that it seeks to strike
the word “both” at page 4 of the Fourth Amended Complaint, paragraph 14(a),
line 1;
b. In all other respects, the CHOR Defendants’ Motion is DENIED.
2. The Chester County Defendants’ Motion, ECF No. 58, is GRANTED in part and
DENIED in part, as follows:
a. The Chester County Defendants’ Motion is GRANTED to the extent that it seeks
that Count I be limited to a failure to train, single-violation theory of liability
under Monell;
b. The Chester County Defendants’ Motion is GRANTED to the extent that it seeks
to dismiss Count II and Count III as to Defendant, County of Chester,
Pennsylvania;
c. In all other respects, the Chester County Defendants’ Motion is DENIED.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.______________
JOSEPH F. LEESON, JR.
United States District Judge
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