MERCES-CLARK v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 22

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 13) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 11/19/13. 11/20/13 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ASHAUN MERCES-CLARK,
Plaintiff,
v.
COMMONWEALTH OF
PENNSYLVANIA, ET AL.,
Defendants.

:
:
:
:
:
:
:
:

CIVIL ACTION

NO. 13-02111

ORDER
AND NOW, this 19th day of November 2013, upon consideration of defendants’
motion to dismiss (Doc. No. 13) and responses thereto, it is hereby ORDERED that the
motion is GRANTED IN PART AND DENIED IN PART as follows:
1. Defendants’ motion to dismiss Count II of the complaint against the
Commonwealth of Pennsylvania and Pennsylvania State Police is GRANTED;
2. Defendants’ motion to dismiss Count II of the complaint against Defendants
Colon, Gaspich, and Teper is DENIED; and
3. Defendants’ motion to dismiss Count I of the complaint against the
Commonwealth of Pennsylvania is DENIED.
The Commonwealth of Pennsylvania and the Pennsylvania State Police are
dismissed as defendants under Count II of the plaintiff’s amended complaint.
BY THE COURT:

/s/Lawrence F. Stengel
LAWRENCE F. STENGEL, J.