FISHER v. KING et al
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN R. FISHER,
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,
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.
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