A.J. v. LANCASTER COUNTY et al

Filing 28

ORDER OF 10/11/2019 THAT THE DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, ECF NO. 21, IS GRANTED AS FOLLOWS: a. THE FOLLOWING CLAIMS ARE DISMISSED WITH PREJUDICE: 1981, 1985, FIFTH AMENDMENT, SIXTH AMENDMENT, SEVENTH AMENDMENT, CL AIMS AGAINST INDIVIDUAL DEFENDANTS, MALICIOUS PROSECUTION/ABUSE OF PROCESS, AND ARTICLE 1 SECTION 1 OF THE PENNSYLVANIA CONSTITUTION. b. THE FOLLOWING CLAIMS ARE DISMISSED WITHOUT PREJUDICE: MONELL CLAIM FOR FAILURE TO TRAIN, MONELL CLAIM FOR POLICY OR CUSTOM, FIRST AMENDMENT, FOURTH AMENDMENT, FOURTEENTH AMENDMENT. THE MOTION TO DISMISS AND MOTION TO STRIKE PLAINTIFF'S COMPLAINT IN ITS ENTIRETY, ECF NO. 22, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: a. THE MOTION TO DISMISS PORTION IN ECF NO. 22 IS GRANTED. SEE SECTION 1 OF THIS ORDER HEREINABOVE. b. THE MOTION TO STRIKE PORTION IN ECF NO. 22 IS DENIED AS MOOT. PLAINTIFF'S AMENDED COMPLAINT, ECF NO. 15, IS DISMISSED; AND PLAINTIFFS SHALL HAVE TWENTY-ONE DAYS FROM THE DATE OF THIS ORDER TO FILE AN AMENDED COMPLAINT AS TO ANY CLAIMS THAT WERE DFISMISSED WITHOUT PREJUDICE IN ACCORDANCE WITH THE OPINION ISSUED THIS DATE. SIGNED BY JUDGE:JOSEPH F. LEESON JR ON 10/11/2019. 10/11/19 ENTERED AND COPIES E-MAILED. (DT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
A.J.,

:
Plaintiff,
:
:
v.
:
:
LANCASTER COUNTY; CRYSTAL A. :
NATAN, Executive Director; ROBIN
:
BOYER; ALEXIS PALMER;
:
CHRISTOPHER HORNBERGER;
:
CHRISTINE SEBASTIAN-BAIR;
:
DIAKON-SWAN, LLC; DIAKON
:
LUTHERAN SOCIAL SERVICES;
:
FAMILY DESIGN RESOURCES, INC.; :
and PAT DOES #1-10,
:
Defendants.
:
____________________________________

No. 5:19-cv-01768

ORDER
AND NOW, this 11th day of October, 2019, upon consideration of the pending Motion to
Dismiss and Motion to Strike and for the reasons set forth in the Opinion issued this date, IT IS
HEREBY ORDERED THAT: Lancaster County, Crystal Natan, Robin Boyer, Alexis Palmer,
Christopher Hornberger, Courtney Restemayer, David Natan, and Family Design Resources and
Christine Sebastian-Blair’s (collectively, “Defendants”) Motion to Dismiss, ECF No. 21, ECF
No. 22, and Family Design Resources and Christine Sebastian-Bair’s Motion to Strike, ECF No.
22, is granted in part and denied in part as follows:
1.

The Motion to Dismiss for Failure to State a Claim, ECF No. 21, is GRANTED,
as follows:
a. The following claims are dismissed with prejudice: § 1981, §1985, Fifth
Amendment, Sixth Amendment, Seventh Amendment, claims against
individual defendants, malicious prosecution/abuse of process, and Article 1
Section 1 of the Pennsylvania Constitution.
1
101119

b. The following claims are dismissed without prejudice: Monell claim for
failure to train, Monell claim for policy or custom, First Amendment, Fourth
Amendment, Fourteenth Amendment.
2.

The Motion to Dismiss and Motion to Strike Plaintiff’s Complaint in its entirety,
ECF No. 22, is GRANTED in part and DENIED in part as follows:
a. The Motion to Dismiss portion in ECF No. 22 is granted. See Section 1 of this
order hereinabove.
b. The Motion to Strike Portion in ECF No. 22 is denied as moot.

3.

Plaintiff’s Amended Complaint, ECF No. 15, is DISMISSED; and

4.

Plaintiff shall have twenty-one days from the date of this Order to file an
amended complaint as to any claims that were dismissed without prejudice in
accordance with the Opinion issued this date.

5.

If Plaintiff fails to timely file an amended complaint, the case will be closed
without further notice of the Court.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Court
2
101119