Bryant et al v. Vernoski

Filing 39

MEMORANDUM AND ORDER Upon consideration of deft William Vernouski's mtn to dismiss the amended complaint 13 , and all responses and replies thereto, IT IS HEREBY ORDERED that: 1) The mtn is GRANTED in part and DENIED in part in accordance with the accompanying memorandum; 2) Defendant's mtn to dismiss claims raised by Linda Bryant is GRANTED; 3) Defendant's mtn to dismiss Nikita Reid's, Shawn Reid's and J.B.'s 14th Amendment claim, First Amendment claim, Fourth Ame ndment malicious prosecution claim, and state law malicious prosecution claim is GRANTED; 4) Defendant's mtn to dismiss Shawn Reid's intentional infliction of emotional distress claim is GRANTED; 5) Defendant's mtn to dismiss Ms. Reid& #039;s, Mr. Reid's, and J.B.'s 14th Amendment unreasonable seizure claim is DENIED and 6) Defendant's mtn to dismiss Ms. Reid's and J.B.'s intentional infliction of emotional distress claim is DENIED. Signed by Honorable Lawrence F. Stengel on 9/1/11 (Attachments: # 1 Order) (jc)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LINDA G. BRYANT, et al.,
Plaintiffs
v.
WILLIAM VERNOSKI,
Defendant

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Civil Action No.

11-263

ORDER
AND NOW, this 1st day of September, 2011, upon consideration of defendant William
Vernouski’s motion to dismiss the amended complaint (Doc. # 13), and all responses and replies thereto,
IT IS HEREBY ORDERED that:
1. The motion is GRANTED in part and DENIED in part in accordance with the accompanying
memorandum;
2. Defendant’s motion to dismiss claims raised by Linda Bryant is GRANTED;
3. Defendant’s motion to dismiss Nikita Reid’s, Shawn Reid’s and J.B.’s Fourteenth Amendment
claim, First Amendment claim, Fourth Amendment malicious prosecution claim, and state law malicious
prosecution claim is GRANTED;
4. Defendant’s motion to dismiss Shawn Reid’s intentional infliction of emotional distress claim
is GRANTED;
5. Defendant’s motion to dismiss Ms. Reid’s, Mr. Reid’s, and J.B.’s Fourth Amendment
unreasonable seizure claim is DENIED; and
6. Defendant’s motion to dismiss Ms. Reid’s and J.B.’s intentional infliction of emotional
distress claim is DENIED.
BY THE COURT:

/s/ LAWRENCE F. STENGEL
LAWRENCE F. STENGEL, J.