Abrantes v. Commonwealth of Pennsylvania et al

Filing 30

ORDER - In accord with the accompanying Memorandum 29 : The motion to dismiss 17 and 19 will be granted in part and denied in part as follows: 1. COUNT I is DISMISSED with prejudice insofar as it alleges Pltfs children were taken and her name pl aced on the ChildLine Registry without a pre-deprivation hearing. Insofar as Pltf alleges reputational damage stemming from Dfts contacting her employers and the agency licensing her prospective youth residential facility, Count I is DISMISSED withou t prejudice. The County Dfts mtn is otherwise DENIED with respect to Pltfs allegations regarding the coercive agreement noted in the amended complaint and Smiths mtn is otherwise GRANTED with respect to the same allegations;2. COUNT II is DISMISSED w ith prejudice in its entirety as to Smith, and as to the County Dfts it is DISMISSED with prejudice except for the allegations regarding the denial of notice and hearing;3. COUNT III is DISMISSED with prejudice;4. COUNT IV is DISMISSED without prejudice as to the County Dfts and with prejudice as to Smith; and5. Pltf is granted leave to amend within 30 days of the date of this order all counts not dismissed with prejudice. Signed by Honorable Sylvia H. Rambo on 8/28/24 (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GRACE ABRANTES,

Civil No. 1:23-CV-01324
:
:
Plaintiff,
:
:
v.
:
:
COLLEEN SMITH,
:
COMMONWEALTH OF
PENNSYLVANIA DHS REGIONAL :
PROGRAM REPRESENTATIVE, et :
al.,
:
Defendants.
: Judge Sylvia H. Rambo
ORDER
AND NOW, this 28th day of August, 2024, upon consideration of Defendants’
motions to dismiss (Docs. 17, 19) for failure to state a claim pursuant to Federal Rule
of Civil of Procedure 12(b)(6), and in accordance with the accompanying
memorandum, IT IS HEREBY ORDERED as follows:
1. COUNT I is DISMISSED with prejudice insofar as it alleges Plaintiff’s
children were taken and her name placed on the ChildLine Registry
without a pre-deprivation hearing. Insofar as Plaintiff alleges reputational
damage stemming from Defendants contacting her employers and the
agency licensing her prospective youth residential facility, Count I is
DISMISSED without prejudice. The County Defendant’s motion is
otherwise DENIED with respect to Plaintiff’s allegations regarding the
coercive agreement noted in the amended complaint and Smith’s motion
is otherwise GRANTED with respect to the same allegations;
2. COUNT II is DISMISSED with prejudice in its entirety as to Smith, and
as to the County Defendants it is DISMISSED with prejudice except for
the allegations regarding the denial of notice and hearing;

3. COUNT III is DISMISSED with prejudice;
4. COUNT IV is DISMISSED without prejudice as to the County
Defendants and with prejudice as to Smith; and
5. Plaintiff is granted leave to amend within thirty days of the date of this
order all counts not dismissed with prejudice.
IT IS SO ORDERED.
/s/ Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge