Elia v. Powell et al

Filing 48

ORDER re 47 Memorandum (Order to follow as separate docket entry)IT IS HEREBY ORDERED that:(1) Defendant Mark Ciavarellas Motion to Dismiss (Doc. 18) is GRANTED in part and DENIED in part. As to judicial immunity for the courtroom adjudications and sentences imposed, the motion is GRANTED. As to the remainder, the motion is DENIED.(2) Defendants Mid-Atlantic Youth Services Corp., PA Child Care, LLC, and Western PA Child Care, LLCs Motion to Dismiss (Doc. 17) is GRANTED in part and DENIED in pa rt as follows:(a) The motion is GRANTED as to Plaintiffs § 1983, civil conspiracy, and false imprisonment claims. Those claims are dismissed.(b) The motion is DENIED in all other respects. Signed by Honorable A. Richard Caputo on 2/23/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LORETTA ELIA,
CIVIL ACTION NO. 3:11-CV-465

Plaintiffs,
v.

(JUDGE CAPUTO)

ROBERT J. POWELL, MICHAEL T.
CONAHAN, MARK A. CIAVARELLA,
PA CHILD CARE, LLC, WESTERN PA
CHILD CARE LLC, ROBERT K.
MERICLE, MERICLE
CONSTRUCTION, INC., PINNACLE
GROUP OF JUPITER, LLC,
BEVERAGE MARKETING OF PA,
INC., VISION HOLDINGS, LLC, MID
ATLANTIC YOUTH SERVICES CORP,
and PERSEUS HOUSE, INC. d/b/a
ANDROMEDA HOUSE,
Defendants.
ORDER
NOW, this

23rd

day of February, 2012, IT IS HEREBY ORDERED that:

(1) Defendant Mark Ciavarella’s Motion to Dismiss (Doc. 18) is GRANTED in part
and DENIED in part. As to judicial immunity for the courtroom adjudications and
sentences imposed, the motion is GRANTED. As to the remainder, the motion is
DENIED.
(2) Defendants Mid-Atlantic Youth Services Corp., PA Child Care, LLC, and Western
PA Child Care, LLC’s Motion to Dismiss (Doc. 17) is GRANTED in part and DENIED
in part as follows:
(a) The motion is GRANTED as to Plaintiffs’ § 1983, civil conspiracy, and false
imprisonment claims. Those claims are dismissed.
(b) The motion is DENIED in all other respects.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge