Roberson v. City of York et al

Filing 21

ORDER - IT IS HEREBY ORDERED that the 17 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM is GRANTED. IT IS FURTHER ORDERED that Pltf is granted leave to amd his complt within 20 days. Signed by Honorable Yvette Kane on 12/11/15. SEE ORDER FOR DETAILS. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HORATIO OMAR ROBERSON,
Plaintiff
v.
CITY OF YORK and
MICHAEL LEE EBERSOLE,
Defendants

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No. 1:14-cv-2384
(Judge Kane)

ORDER
AND NOW, on this 11th day of December 2015, IT IS HEREBY ORDERED THAT
Defendants City of York and Michael Lee Ebersole’s motion to dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(6) (Doc. No. 17), is GRANTED as follows:
1. Plaintiff’s failure to train claim, Count I(A), is DISMISSED WITHOUT
PREJUDICE;
2. Plaintiff’s “deliberate indifference in policy and customs” claim, Count I(B), is
DISMISSED WITHOUT PREJUDICE;
3. Plaintiff’s malicious prosecution claim, Count II, is DISMISSED WITHOUT
PREJUDICE; and
4. Plaintiff’s freedom of association, due process, and equal protection claims are
DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER HEREBY ORDERED THAT Plaintiff is granted leave to amend his
amended complaint (Doc. No. 12) within twenty days of the date of this order to cure the defects
noted in the accompanying memorandum.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania