FISHER v. KING et al

Filing 17

ORDER THAT THE MOTION TO DISMISS OF DEFENDANT, MEGAN L. KING, ESQ. (DOCKET NO. 10 ), IS DENIED; THE MOTION TO DISMISS OF DEFENDANT, ERIC ZIMMERMAN (DOCKET NO. 8 ), IS GRANTED IN PART AND DENIED IN PART; THE MOTION TO DISMISS OF DEFENDANT, ERIC ZIM MERMAN, IS GRANTED ONLY AS TO THE OFFICIAL CAPACITY CLAIM AGAINST DEFENDANT ZIMMERMAN, AND IS DENIED IN ALL OTHER RESPECTS; AND IF PLAINTIFF WISHES TO PURSUE AN OFFICIAL CAPACITY CLAIM AGAINST DEFENDANT ZIMMERMAN, HE SHALL FILE AN AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER THAT PROPERLY PLEADS SUCH A CLAIM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/19/16. 7/20/16 ENTERED AND COPIES E-MAILED.(mas, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN R. FISHER, Plaintiff, CIVIL ACTION NO. 15-6134 v. MEGAN L. KING, ESQ., Individually and in her Official Capacity as Assistant District Attorney for Lancaster County, Pennsylvania, and ERIC ZIMMERMAN, Individually and in his Official Capacity as Detective for Northern Lancaster County Pennsylvania Regional Police Department, Defendants. ORDER AND NOW, this 19th day of July, 2016, after review of the Motion to Dismiss of Defendant King and the Motion to Dismiss of Defendant Zimmerman and the Memoranda of Law in support of both, as well as Plaintiff’s opposition thereto, it is hereby ORDERED as follows: 1. The Motion to Dismiss of Defendant, Megan L. King, Esq. (Docket No. 10), is DENIED; 2. The Motion to Dismiss of Defendant, Eric Zimmerman (Docket No. 8), is GRANTED in part and DENIED in part; 3. The Motion to Dismiss of Defendant, Eric Zimmerman, is GRANTED only as to the official capacity claim against Defendant Zimmerman, and is DENIED in all other respects; and 4. If Plaintiff wishes to pursue an official capacity claim against Defendant Zimmerman, he shall file an Amended Complaint within twenty (20) days of the date of this order that properly pleads such a claim. BY THE COURT: /s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J. 2

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