Rothermel et al v. Dauphin County, Pennsylvania et al

Filing 47

ORDER (Memorandum 46 filed previously as separate docket entry) GRANTING Parole Office's MTD 22 & pltfs' claims against Parole Office in Cts II & III DISMISSED with prejudice, GRANTING in Part & DENYING in Part State Police defts' MTD 25 to following extent... (see Paras 2a-h for specifics), GRANTING Dauphin County defts' MTD 26 as follows... (see Paras 3a-c for specifics), granting pltfs leave to amend pleading w/in 20 days of date of this order, & further directin g pltfs to ID & effect service on the "several presently unknown" employees of certain offices (see Para 5 for specifics) w/ failure to do so to result in dismissal of all claims thereagaint. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/29/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MELISSA LEE ROTHERMEL, and
C.R., minor, by her parent and natural
guardian, CHAD ROTHERMEL,
Plaintiffs
v.
DAUPHIN COUNTY,
PENNSYLVANIA, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-1669
(Chief Judge Conner)

ORDER
AND NOW, this 29th day of September, 2017, upon consideration of the
motions pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed
by all identified defendants sub judice, to wit: a motion (Doc. 22) by the Dauphin
County Adult Probation and Parole Office (“Parole Office”); a motion (Doc. 25)
by the Pennsylvania State Police (“State Police”), Tyree Blocker (“Commissioner
Blocker”) in his capacity as Commissioner of the State Police, and Trooper David
Grbich (“Trooper Grbich”), collectively herein, the “State Police defendants”; and
a motion (Doc. 26) by Dauphin County, the Dauphin County Prison, the Dauphin
County Sheriff’s Office, and the Dauphin County Clerk of Courts Office, collectively
herein, the “Dauphin County defendants,” and further upon consideration of
the responsive arguments (Docs. 24, 36, 37) of plaintiffs Melissa Lee Rothermel

(“Rothermel”) and C.R., a minor child, by and through her parent and natural
guardian, Chad Rothermel, and for the reasons set forth in the accompanying
memorandum, it is hereby ORDERED that:
1.

The Parole Office’s motion (Doc. 22) is GRANTED and plaintiffs’
claims against the Parole Office in Counts II and III are DISMISSED
with prejudice.

2.

The State Police defendants’ motion (Doc. 25) is GRANTED in part
and DENIED in part to the following extent:
a.

Plaintiffs’ claims against the State Police (Counts I and III) are
DISMISSED with prejudice.

b.

Plaintiffs’ claims against Commissioner Blocker are DISMISSED
without prejudice for failure to identify him in any count in the
amended complaint.

c.

Plaintiffs’ claims against Trooper Grbich for monetary damages
in his official capacity (Counts I and II) are DISMISSED with
prejudice.

d.

Plaintiffs’ claims against Trooper Grbich for prospective
injunctive or declaratory relief in his official capacity (Counts I
and II) are DISMISSED without prejudice.

e.

Plaintiff C.R.’s claim for false arrest against Trooper Grbich
in his individual capacity (Count I) is DISMISSED without
prejudice.

f.

Plaintiff Rothermel’s claim for unlawful search and seizure
against Trooper Grbich in his individual capacity (Count II) is
DISMISSED without prejudice.

g.

Plaintiffs’ claim under the Pennsylvania Constitution against
Trooper Grbich (Count IV) is DISMISSED with prejudice.

h.

3.

The State Police defendants’ motion (Doc. 25) is DENIED to the
extent it seeks dismissal of plaintiff Rothermel’s claim for false
arrest against Trooper Grbich in his individual capacity (Count I)
without prejudice to Trooper Grbich’s right to reassert qualified
immunity as a defense at a later stage of these proceedings.

The Dauphin County defendants’ motion (Doc. 26) is GRANTED as
follows:
a.

Plaintiffs’ claims for false arrest and unlawful search and
seizure against Dauphin County and Dauphin County Prison
(Counts I and II) are DISMISSED with prejudice.

b.

Plaintiffs’ Monell claims against the Dauphin County Prison, the
Dauphin County Sheriff’s Office, and the Dauphin County Clerk
of Courts Office (Count III) are DISMISSED with prejudice.

c.

Plaintiffs’ Monell claim against Dauphin County (Count III) is
DISMISSED without prejudice.

4.

Plaintiffs are granted leave to amend their pleading within twenty
(20) days of the date of this order, consistent with the above paragraphs
and the accompanying memorandum. In the absence of a timely-filed
second amended complaint, the above-captioned action shall proceed
on Rothermel’s remaining claim for false arrest against Trooper Grbich
in his individual capacity.

5.

Plaintiffs are further directed to identify and effect service upon
the “several presently unknown” employees of Dauphin County, the
Parole Office, the Dauphin County Prison, the Dauphin County
Sheriff’s Office, the Dauphin County Clerk of Courts Office, and the
State Police in any amended pleading filed pursuant to paragraph 4.
Failure to identify and serve the unidentified defendants shall result
in dismissal of all claims thereagainst. See FED. R. CIV. P. 4(m).

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