Kauffman v. Barbagello et al

Filing 31

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defendants motion to dismiss (Doc No. 12) is GRANTED IN PART and DENIED IN PART - SEE ORDER FOR DETAILS. 12 The Clerk of Court is directed to TERMINATE Defendants Biggins, Boehs, and Cumberland Township from this action. Signed by Honorable Yvette Kane on 12/5/13. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CARL R. KAUFFMAN, III,
Plaintiff

:
:
:
v.
:
:
OFFICER DANIEL BARBAGELLO, et al., :
Defendants
:

No. 1:13-cv-00659
(Judge Kane)

ORDER
AND NOW, on this 5th day of December 2013, IT IS HEREBY ORDERED THAT
Defendants’ motion to dismiss (Doc No. 12) is GRANTED IN PART and DENIED IN PART
as follows:
1.

The motion is GRANTED to the extent it seeks to dismiss Counts III, IV, VI, and
VII against all Defendants;

2.

The motion is GRANTED to the extent it seeks to dismiss the allegations raised
against Defendants Boehs and Biggins in Count V, and DENIED to the extent
that it seeks to dismiss the allegations raised against Defendants Barbagello, Doe
I, and Doe II in Count V;

3.

The motion is GRANTED with respect to the Fourteenth Amendment due
process allegations in Count II against Defendants Barbagello, Doe I, and Doe II
without prejudice to Plaintiff’s ability to amend;

4.

The motion is GRANTED to the extent it seeks to dismiss the Fourteenth
Amendment due process allegations in Count II against Defendants Boehs,
Biggins, and Cumberland Township;

5.

The motion is GRANTED to the extent it seeks to dismiss the Fifth Amendment
due process allegations in Count II against all Defendants;

6.

The motion is DENIED to the extent it seeks to dismiss Count I against
Defendants Barbagello, Doe I, and Doe II;

7.

The motion is DENIED to the extent it seeks to dismiss the claims against
Defendant Barbagello on the basis of qualified immunity, and is DENIED AS
MOOT to the extent it seeks to dismiss the claims against Defendants Boehs and
Biggins on the basis of qualified immunity;

8.

The motion is DENIED to the extent that it seeks to dismiss Plaintiff’s prayer for
punitive damages against Defendants Barbagello, Doe I, and Doe II, and is
DENIED AS MOOT to the extent it seeks to dismiss Plaintiff’s prayer for
punitive damages against Defendants Boehs and Biggins; and

9.

The Clerk of Court is directed to TERMINATE Defendants Biggins, Boehs, and
Cumberland Township from this action.

S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania