E.D. v. SHARKEY et al

Filing 71

ORDER THAT THE MOTION TO DISMISS OF THE DEFENDANT, JEREMIAH PETREY (DOC. NO. 64 ), IS GRANTED. COUNT II AGAINST PETREY IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/11/17. 8/13/17 ENTERED AND COPIES , E-MAILED. (mas, ) Modified on 8/13/2017 (mas, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
E.D.,
Plaintiff,
v.
DANIEL SHARKEY, BERKS COUNTY
RESIDENTIAL CENTER-IMMIGRATION
FAMILY CENTER (BCRC-IFC),
COUNTY OF BERKS, PENNSYLVANIA,
THOMAS DECKER, ICE Field Office
Director, DIANE EDWARDS, Director of
BCRC-IFC, JEREMIAH / JOSH PETREY,
ICE Employee, JOHN BEHM, JAMIE
HIMMELBERGER, BRITTANY
ROTHERMEL, ERIKA TAYLOR, and
MATTHEW MALINOWSKI,
Defendants.

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CIVIL ACTION NO. 16-2750

ORDER
AND NOW, this 11th day of August, 2017, after considering the allegations in the third
amended complaint (Doc. No. 60), the motion to dismiss of the defendant, Jeremiah Petrey (Doc.
No. 64), the plaintiff’s response to the motion (Doc. No. 67), and the defendant’s reply (Doc. No.
69); accordingly, and for the reasons set forth in the separately-filed memorandum opinion, it is
hereby ORDERED that the motion to dismiss of the defendant, Jeremiah Petrey (Doc. No. 64),
is GRANTED. Count II against Petrey is DISMISSED WITH PREJUDICE.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.