Zerby v. Waltz et al

Filing 34

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED THAT Defendants motions to dismiss (Doc. Nos. 6, 7, 8, 10), are GRANTED. The Clerk of Court is directed to terminate Defendants District Attorney David J. Freed, the Cumberland County District Attorneys Office, and the East Pennsboro Township Police Department from the above-captioned action. 6 7 10 8 SEE ORDER FOR ADDITIONAL INFORMATION. Signed by Honorable Yvette Kane on 1/27/2017. (sc)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA PAUL ZERBY, Plaintiff : : : : : : : v. DOLLY I. WALTZ, et al., Defendants No. 1:16-cv-00383 (Judge Kane) ORDER AND NOW, on this 27th day of January 2017, in accordance with the Memorandum entered concurrently with this Order, IT IS ORDERED THAT Defendants’ motions to dismiss (Doc. Nos. 6, 7, 8, 10), are GRANTED. The following claims against the following Defendants are dismissed with prejudice: 1. Plaintiff’s federal and state law claims against District Attorney David J. Freed; 2. Plaintiff’s federal and state law claims against the Cumberland County District Attorney’s Office and the East Pennsboro Township Police Department; 3. Plaintiff’s state law claims against Cumberland County; and 4. Plaintiff’s Fourth Amendment and common law malicious abuse of process claims against Detective Rodney Smith. The Clerk of Court is directed to terminate Defendants District Attorney David J. Freed, the Cumberland County District Attorney’s Office, and the East Pennsboro Township Police Department from the above-captioned action. IT IS FURTHER ORDERED that the following claims against the following Defendants are dismissed without prejudice to the Plaintiff’s filing of a second amended complaint in this matter within thirty (30) days from the date of this Order that corrects the pleading deficiencies identified in the corresponding Memorandum: 1. Plaintiff’s municipal liability claim against Cumberland County; 2. Plaintiff’s Fourth Amendment malicious prosecution claim against Detective Rodney Smith; 3. Plaintiff’s slander, libel, invasion of privacy, and civil conspiracy claims against Defendants Dolly I. Waltz and Kimberly Henning; and 4. Plaintiff’s common law malicious prosecution and invasion of privacy claims against Detective Rodney Smith in his individual capacity. s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

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