Rothermel et al v. Dauphin County, Pennsylvania et al

Filing 78

ORDER (Memorandum 77 filed previously as separate docket entry) GRANTING in part & DENYING in part defts' MTD 61 ... (see Paras 1a-d for details), GRANTING in part & DENYING in part defts' MTD 62 ... (see Paras 2a-c for specifics), di recting that matter shall proceed on 2nd amended complaint 48 as follows... (see Paras 3a-d for specific details), & LIFING stay imposed by ct's order 70 of 12/29/17, directing parties to meet & confer & by 10/12/18 jointly file proposed amended case mgmt schedule in acc w/ ct's trial term sched attached. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/28/18. (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 28th day of September, 2018, upon consideration of
defendants’ motions (Docs. 61, 62) to dismiss the second amended complaint
filed by plaintiffs Melissa Lee Rothermel (“M.L. Rothermel”) and C.R., by her
parent and natural guardian, Chad Rothermel, and for the reasons set forth in
the accompanying memorandum, it is hereby ORDERED that:
1.

The motion (Doc. 61) to dismiss filed by defendants Dauphin County,
Dale Klein, in her official capacity as Dauphin County Clerk of Court
(“Clerk Klein”), Nicholas Chimienti, Jr., in his official capacity as
Sheriff of Dauphin County (“Sheriff Chimienti”), and Gus Brown,
individually (“P.O. Brown”), is GRANTED in part and DENIED in
part as follows:
a.

Count I is DISMISSED against P.O. Brown;

b.

Count III is DISMISSED against Sheriff Chimienti to the extent
that the claim against Sheriff Chimienti is redundant of the
claim against Dauphin County;

c.

Count III is further DISMISSED to the extent that claim is
brought by C.R.; and

d.
2.

The motion (Doc. 61) is otherwise DENIED.

The motion (Doc. 62) to dismiss filed by defendants Tyree C. Blocker,
in his official capacity as Commissioner of the Pennsylvania State
Police (“Commissioner Blocker”), David Grbich, individually
(“Trooper Grbich”), Matthew Miller, individually (“Trooper Miller”),
and Randy L. Orlic, individually (“Trooper Orlic”), is GRANTED in
part and DENIED in part as follows:
a.
b.

Count IV is DISMISSED to the extent that claim is brought by
C.R.; and

c.
3.

Count II is DISMISSED in its entirety;

The motion (Doc. 62) is otherwise DENIED.

This matter shall proceed on the second amended complaint (Doc. 48)
as follows:
a.
b.

Count III by M.L. Rothermel against Dauphin County and Clerk
Klein;

c.

Count IV by M.L. Rothermel against Commissioner Blocker;
and

d.
4.

Count I by M.L. Rothermel against Troopers Grbich, Miller, and
Orlic;

Count V by M.L. Rothermel against Dauphin County.

The stay imposed by the court’s order (Doc. 70) of December 29, 2017 is
LIFTED. The parties shall meet and confer and, on or before Friday,
October 12, 2018, jointly file a proposed amended case management
schedule in accordance with the court’s trial term schedule as attached
hereto.

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