Banks v. City of York, Pennsylvania et al

Filing 32

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT the School Defendants motion to dismiss (Doc. No. 15) is GRANTED IN PART and DENIED IN PART; and the City Defendants motion to dismiss (Doc. No. 19) is GRANTED I N PART and DENIED IN PART. The Clerk of Court shall terminate Darlene Freemen and Jim Rauhauser as defendants in this action; and11. Plaintiffs are granted leave to file an amended complaint within 21 days of the date of this order. 19 15 Signed by Honorable Yvette Kane on 7/7/15. SEE ORDER FOR ADDITIONAL DETAILS. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
VIVIAN BANKS, for herself and for
her minor child, L.F.,
Plaintiffs
v.
CITY OF YORK, et al.,
Defendants

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No. 1:14-cv-01191
(Judge Kane)

ORDER
AND NOW, on this 7th day of July, 2015, IT IS HEREBY ORDERED THAT the
School Defendants’ motion to dismiss (Doc. No. 15) is GRANTED IN PART and DENIED IN
PART; and the City Defendants’ motion to dismiss (Doc. No. 19) is GRANTED IN PART and
DENIED IN PART as follows:
1.

Count I of Plaintiffs’ complaint (Doc. No. 1) is DISMISSED WITHOUT
PREJUDICE; except insofar as:
A.

To the extent Plaintiffs bring claims pursuant to 42 U.S.C. § 1983 for
violations of the Eighth Amendment to the United States Constitution,
such claims are DISMISSED WITH PREJUDICE; and

B.

To the extent Plaintiffs bring a Fourth Amendment false arrest claim
pursuant to 42 U.S.C. § 1983, such claim is not dismissed; and

2.

Plaintiffs’ claims against Defendants Wes Kahley, Darlene Freeman, and Jim
Rauhauser in their official capacities are DISMISSED WITH PREJUDICE;

3.

Count III of Plaintiffs’ complaint (Doc. No. 1) for supervisory liability is
DISMISSED WITHOUT PREJUDICE;

4.

Count IV of Plaintiffs’ complaint (Doc. No. 1) for municipal liability is
DISMISSED WITHOUT PREJUDICE;

5.

Count V of Plaintiffs’ complaint (Doc. No. 1) for violations of the Pennsylvania
Constitution is DISMISSED WITH PREJUDICE;

6.

Count VI of Plaintiffs’ complaint (Doc. No. 1) for state law negligence is
DISMISSED WITH PREJUDICE;

7.

Plaintiffs’ claims for punitive damages as to Defendants the City of York, the
City of York School District, and Defendants Wes Kahley, Darlene Freeman, and
Jim Rauhauser in their official capacities are DISMISSED WITH PREJUDICE;

8.

Plaintiffs’ claim for punitive damages as to Defendant Chief Wes Kahley in his
individual capacity is DISMISSED WITHOUT PREJUDICE;

9.

The individual claims of Plaintiff Vivian Banks are DISMISSED WITH
PREJUDICE;

10.

The Clerk of Court shall terminate Darlene Freemen and Jim Rauhauser as
defendants in this action; and

11.

Plaintiffs are granted leave to file an amended complaint within 21 days of the
date of this order.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania