Fleckenstein et al v. Crawford et al

Filing 32

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT:1.MJ Schwabs Report and Recommendation (Doc. No. 26) is ADOPTED; 2.Plaintiffs objections (Doc. Nos. 27, 28) are OVERRULED; 3.Defendants motion to dismiss (Doc. N o. 14) is GRANTED IN PART AND DENIED IN PART as follows: a. Plaintiffs claim under the Pennsylvania Wrongful Death Act(Count IV) is DISMISSED WITHOUT PREJUDICE with leave to amend this count within 21 days of this order, if Plaintiffs choose to do so ; b.The state created danger claim pursuant to 42 U.S.C. § 1983 is DISMISSED with prejudice as to the Defendant Commissioners Chronister, Hoke, and Reilly; c.Defendant York County is DISMISSED as a defendant with prejudice; and in all other respects, the motion is DENIED; 4.Defendant Ross Crawfords motion for complex track (Doc. No. 19) is DENIED. 8 19 26 Signed by Honorable Yvette Kane on 9/30/15. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JEFFERY M. FLECKENSTEIN, et al.,
Plaintiffs
v.
ROSS W. CRAWFORD, et al.,
Defendants

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:
:
:
:
:
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No. 1:14-cv-1085
(Judge Kane)
(Magistrate Judge Schwab)

ORDER
AND NOW, on this 30th day of September 2015, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Schwab’s Report and Recommendation (Doc. No. 26) is
ADOPTED;

2.

Plaintiffs’ objections (Doc. Nos. 27, 28) are OVERRULED;

3.

Defendants’ motion to dismiss (Doc. No. 14) is GRANTED IN PART
AND DENIED IN PART as follows:
a.

b.

The state created danger claim pursuant to 42 U.S.C. § 1983 is
DISMISSED with prejudice as to the Defendant Commissioners
Chronister, Hoke, and Reilly;

c.

Defendant York County is DISMISSED as a defendant with
prejudice; and

d.
4.

Plaintiffs’ claim under the Pennsylvania Wrongful Death Act
(Count IV) is DISMISSED WITHOUT PREJUDICE with leave
to amend this count within 21 days of this order, if Plaintiffs
choose to do so;

In all other respects, the motion is DENIED;

Defendant Ross Crawford’s motion for complex track (Doc. No. 19) is
DENIED.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania