TAYLOR v. CHILDREN AND YOUTH et al

Filing 46

ORDER THAT THE MOTION TO DISMISS FILED BY THE BETHLEHEM POLICE DEPARTMENT AND AFFIANT PETER LABIAK, ECF NO. 28 , IS GRANTED IN PART AS STATED IN PARAGRAPH 3. THE MOTION TO DISMISS FILED BY NORTHAMPTON COUNTY OFFICE OF CHILDREN AND YOUTH, AND THE NOR THAMPTON COUNTY DISTRICT ATTORNEYS OFFICE, ECF NO. 32 , IS GRANTED IN PART AS STATED IN PARAGRAPH 3. THE AMENDED COMPLAINT, ECF NO. 27 , IS DISMISSED AS FOLLOWS; ETC. AS HEREIN. THE MOTION FILED BY THE BETHLEHEM POLICE DEPARTMENT AND AFFIANT PETER LABIAK TO JOIN THE MOTION TO STRIKE, ECF NO. 42 , IS GRANTED. THE MOTION TO STRIKE FILED BY THE NORTHAMPTON COUNTY OFFICE OF CHILDREN AND YOUTH, AND THE NORTHAMPTON COUNTY DISTRICT ATTORNEYS OFFICE, ECF NO. 40 , IS DENIED IN PART AS EXPLAINED IN TH E OPINION. NO LATER THAN MARCH 31, 2025, PLAINTIFF MAY FILE AN AMENDED COMPLAINT AS TO ANY CLAIM AND DEFENDANT DISMISSED WITHOUT PREJUDICE, ONLY; ETC. AS HEREIN. SIGNED BY DISTRICT JUDGE JOSEPH F. LEESON, JR ON 3/11/25. 3/11/25 ENTERED AND COPIES E-MAILED.(mas)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
KATHY L. TAYLOR,
Plaintiff,

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v.

No. 5:24-cv-1411

NORTHAMPTON COUNTY CHILDREN AND
YOUTH; NORTHAMPTON COUNTY
DISTRICT ATTORNEY'S OFFICE;
BETHLEHEM POLICE DEPT.; and
AFFIANT PETER LABIAK;
Defendants.
__________________________________________

ORDER
AND NOW, this 11th day of March, 2025, for the reasons set forth in the Opinion issued
this date, IT IS ORDERED THAT:
1.

The Motion to Dismiss filed by the Bethlehem Police Department and Affiant

Peter Labiak, ECF No. 28, is GRANTED in part as stated in paragraph 3.
2.

The Motion to Dismiss filed by Northampton County Office of Children and

Youth, and the Northampton County District Attorney’s Office, ECF No. 32, is GRANTED in
part as stated in paragraph 3.
3.

The Amended Complaint, ECF No. 27, is DISMISSED as follows:
A.

Count I of the Amended Complaint is DISMISSED in part with

prejudice and in part without prejudice. Count I is dismissed without prejudice and
with leave to amend as to the Police defendants. The Northampton County Office of
Children and Youth and the Northampton County District Attorney’s Office are
dismissed with prejudice from Count I; however, these Defendants may be substituted for
the County in an amended complaint.

B.

Count II of the Amended Complaint is DISMISSED in part with

prejudice and in part without prejudice. Count II is dismissed without prejudice and
with leave to amend as to the Police defendants. The claim under the Civil Rights Act of
1964 is also dismissed without prejudice and with leave to amend as to the County
Defendants. The Northampton County Office of Children and Youth and the
Northampton County District Attorney’s Office are dismissed with prejudice from any
claim under the Equal Protection Clause or 42 U.S.C. § 1981, with leave to substitute the
County and amend.
C.
4.

Count III of the Amended Complaint is DISMISSED with prejudice.

The Motion filed by the Bethlehem Police Department and Affiant Peter Labiak

to Join the Motion to Strike, ECF No. 42, is GRANTED.
5.

The Motion to Strike filed by the Northampton County Office of Children and

Youth, and the Northampton County District Attorney’s Office, ECF No. 40, is DENIED in
part as explained in the Opinion.
6.

No later than March 31, 2025, Plaintiff may file an amended complaint as to any

claim and defendant dismissed without prejudice, only. If she fails to timely file an amended
complaint, all claims will be dismissed with prejudice and the case will be closed without further
notice.

BY THE COURT:

/s/ Joseph F. Leeson, Jr._________
JOSEPH F. LEESON, JR.
United States District Judge