Gresh v. Huntingdon County et al

Filing 39

ORDER (Memorandum 38 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Huntingdon Co defts' MTD 14 is GRANTED in Part... (see Paras 1a-e for specifics) & 2. DENIED w/ re: pltf's 4th Amend claim w/ re: indiv Hunt ingdon Co deft & w/ re: pltf's state law claims for assault, battery & false imprisonment.; 3. Ag Assoc's MTD 23 is GRANTED - pltf's Section 1983 conspiracy claim against Ag Assoc DISMISSED w/out prejudice.; 4. Bartelbaugh's MTD 33 GRANTED - pltf's Section 1983 claim against Bartlebaugh DISMISSED w/out prejudice.; 5. Deft Huntingdon Co Sheriff's Office DISMISSED w/ prejudice...; 6. Pltf granted leave to amend pleading w/in 20 days of date of this order.... in absence of timely filed amended complaint case shall proceed on remaining claims. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/24/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DENNIS GRESH,
Plaintiff
v.
HUNTINGDON COUNTY, et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-1466
(Chief Judge Conner)

ORDER
AND NOW, this 24th day of March, 2016, upon consideration of the motions
(Docs. 14, 23, 33) to dismiss filed by (1) Huntingdon County, the Huntingdon County
Sheriff’s Office, Sheriff William G. Walters, Chief Deputy Mark Foor, Sergeant Jeff
Leonard, Deputy Dan McCartney, Deputy Tammy S. Foor, and Deputy Larry
Cressman (collectively, “the Huntingdon County defendants”); (2) the Huntingdon
County Agricultural Association, Inc. (the “Agricultural Association”); and (3)
Bartlebaugh Amusements, Inc. (“Bartlebaugh Amusements”), and for the reasons
set forth in the accompanying memorandum, it is hereby ORDERED that:
1.

The Huntingdon County defendants’ motion (Doc. 14) to dismiss is
GRANTED in part as follows:
a.

Plaintiff’s Fourth Amendment and procedural due process
claims against Huntingdon County are DISMISSED without
prejudice.

b.

Plaintiff’s Fourth Amendment and procedural due process
claims against the Huntingdon County Sheriff’s Office are
DISMISSED with prejudice.

c.

Plaintiff’s procedural due process claim against the individual
Huntingdon County defendants is DISMISSED without
prejudice.

d.

Plaintiff’s intentional infliction of emotional distress, tortious
interference with contract, and civil conspiracy claims against
the Huntingdon County defendants are DISMISSED without
prejudice.

e.

Plaintiff’s independent cause of action for punitive damages
against the Huntingdon County defendants is DISMISSED with
prejudice.

2.

The Huntingdon County defendants’ motion (Doc. 14) to dismiss
plaintiff’s Fourth Amendment claim is DENIED with respect to the
individual Huntingdon County defendants. The Huntingdon County
defendants’ motion is also DENIED with respect to plaintiff’s state law
claims for assault, battery, and false imprisonment.

3.

The Agricultural Association’s motion (Doc. 23) to dismiss is
GRANTED. Plaintiff’s Section 1983 conspiracy claim against the
Agricultural Association is DISMISSED without prejudice.

4.

Bartlebaugh Amusements’ motion (Doc. 33) to dismiss is GRANTED.
Plaintiff’s Section 1983 conspiracy claim against Bartlebaugh
Amusements is DISMISSED without prejudice.

5.

Defendant Huntingdon County Sheriff’s Office is DISMISSED with
prejudice from the above-captioned matter.

6.

Plaintiff is granted leave to amend his pleading within twenty (20) days
of the date of this order, consistent with paragraphs 1 and 3-5 above.
In the absence of a timely filed amended complaint, the case shall
proceed on the remaining claims.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania