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, )

Download PDF
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 1 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 2

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?