Eberhardinger v. City of York et al

Filing 48

ORDER: In accord with the accompanying Memorandum 47 ; 1. The York dfts mtn to dismiss 9 is GRANTED in part and DENIED in part as follows:a. Eberhardingers excessive force claim against Officer Praster is DISMISSED without prejudice.b. Eberhardin gers Monell claims against the City of York are DISMISSED without prejudice.c. Eberhardingers state law claim for negligence against Officers Praster and Smith is DISMISSED without prejudice.d. The York dfts mtn 9 is otherwise DENIED.2. Eberharding er is granted leave to amend her pleading within (20) days of the date of this order, consistent with paragraph 1 above. In the absence of a timely-filed amended complaint, the above-captioned action shall proceed on the remaining claims.Signed by Chief Judge Christopher C. Conner on 9/20/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERIKA EBERHARDINGER,
Plaintiff
v.
CITY OF YORK, et al.,
Defendants

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:16-CV-2481
(Chief Judge Conner)

ORDER
AND NOW, this 20th day of September, 2017, upon consideration of the
motion (Doc. 9) filed by defendants City of York, Benjamin Praster (“Officer
Praster”), and Benjamin Smith (“Officer Smith”) (collectively, the “York
defendants”), seeking to dismiss the complaint (Doc. 1) of plaintiff Erika
Eberhardinger (“Eberhardinger”), and the parties’ respective briefs in support of
and opposition to said motion (Docs. 9, 9-3, 24, 27), and for the reasons stated in the
accompanying memorandum, it is hereby ORDERED that:
1.

The York defendants’ motion (Doc. 9) to dismiss is GRANTED in part
and DENIED in part as follows:
a.

Eberhardinger’s excessive force claim against Officer Praster is
DISMISSED without prejudice.

b.

Eberhardinger’s Monell claims against the City of York are
DISMISSED without prejudice.

c.

Eberhardinger’s state law claim for negligence against Officers
Praster and Smith is DISMISSED without prejudice.

d.

The York defendants’ motion (Doc. 9) is otherwise DENIED.

2.

Eberhardinger is granted leave to amend her pleading within twenty
(20) days of the date of this order, consistent with paragraph 1 above.
In the absence of a timely-filed amended complaint, the abovecaptioned action shall proceed on the remaining claims.

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