MORTON v. LANCASTER COUNTY PRISON et al

Filing 51

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT ARE GRANTED IN PART AND DENIED IN PART. COUNTS 1-10 OF PLAINTIFF'S SECOND AMENDED COMPLAINT ARE DISMISSED. IT IS FURTHER ORDERED THAT THIS CASE BE REMANDED TO THE COURT OF COMMON PLEAS OF LANCASTER COUNTY PENNSYLVANIA FOR DISPOSITION OF COUNT XI OF THE SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/8/14. 8/12/14 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SONYA R. MORTON,
Plaintiff,

CIVIL ACTION
NO. 13-1306

v.
LANCASTER COUNTY PRISON, et al.,
Defendants.
ORDER

AND NOW, this 8th day of August 2014, upon consideration of the Second Amended
Complaint (Doc. No. 29), Defendants’ Motions to Dismiss (Doc. Nos. 31, 32), Plaintiff’s
Responses (Doc. Nos. 36, 37), the arguments of counsel during the March 27, 2014 hearing,
Defendants’ Supplemental Memoranda of Law (Doc. Nos. 47, 49), Plaintiff’s Supplemental
Memorandum of Law (Doc. No. 48), and in accordance with the Opinion issued this day, it is
ORDERED as follows:
1. Defendants’ Motions to Dismiss Plaintiff’s Second Amended Complaint (Doc. Nos. 31, 32)
are GRANTED IN PART and DENIED IN PART.
2. Counts 1-10 of Plaintiff’s Second Amended Complaint are DISMISSED.
3. It is further ORDERED that this case be REMANDED to the Court of Common Pleas of
Lancaster County, Pennsylvania for disposition of Count XI of the Second Amended
Complaint.1
BY THE COURT:
/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.
1

Because the Court declined to exercise supplemental jurisdiction over Plaintiff’s state law
claim on Count XI (Violation of the Pennsylvania Wiretapping and Electronic Surveillance
Control Act, 18 Pa. C.S.A. § 5701, et seq.), the claim will be remanded to the Court of
Common Pleas.