Fields et al v. Speaker of the Pennsylvania House of Representatives et al

Filing 52

ORDER (Memorandum 51 filed previously as separate docket entry) GRANTING in part & DENYING in part defts' MTD 31 as follows... (see Paras 1a-d), DISMISSING Cts II, III & IV of complaint w/ prejudice, DISMISSING Ct I of complaint only to ext ent Ct can be read to assert coercion claims o/b/o pltfs other than Fields & Rhoades, directing action shall proceed on Ct I as follows... (see Paras 4a-b), & noting ct will issue case mgmt schedule by separater order. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/28/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRIAN FIELDS, et al.,
Plaintiffs
v.
SPEAKER OF THE
PENNSYLVANIA HOUSE OF
REPRESENTATIVES, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-1764
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of April, 2017, upon consideration of defendants’
motion (Doc. 31) to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1)
and 12(b)(6), and for the reasons set forth in the accompanying memorandum, it is
hereby ORDERED that:
1.

Defendants’ motion (Doc. 31) is GRANTED in part and DENIED in
part as follows:
a.

The motion (Doc. 31) is GRANTED to the extent it seeks
dismissal of plaintiffs’ claims pursuant to the Free Speech and
Free Exercise Clauses of the First Amendment and the Equal
Protection Clause of the Fourteenth Amendment.

b.

The motion (Doc. 31) is further GRANTED to the extent it
seeks dismissal of ostensible coercion claims pursuant to the
Establishment Clause of the First Amendment by plaintiffs
other than Brian Fields and Scott Rhoades.

c.

The motion (Doc. 31) is DENIED in all other respects.

2.

Counts II, III, and IV of plaintiffs’ complaint (Doc. 1) are DISMISSED
with prejudice.

3.

Count I of plaintiffs’ complaint (Doc. 1) is DISMISSED only to the
extent that Count can be read to assert coercion claims on behalf of
plaintiffs other than Brian Fields and Scott Rhoades.

4.

This action shall proceed on Count I as follows:
a.
b.

5.

On the Establishment Clause challenge to defendants’
implementation of House Rule 17 as to all plaintiffs, and
On the Establishment Clause coercion claim as to plaintiffs
Brian Fields and Scott Rhoades.

The court will issue a case management schedule by separate order.

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