Sheare et al v. Borough of Olyphant et al

Filing 25

ORDER re 24 Memorandum (Order to follow as separate docket entry). IT IS HEREBY ORDERED that Defendants Motion to Dismiss Plaintiffs Amended Complaint (Doc. 15) is GRANTED in part and DENIED in part.(1) Defendants Motion to Dismiss Count Two is GRANTED and the Monell claim is DISMISSED with prejudice.(2) Defendants Motion to Dismiss Count Three is GRANTED and the Abuse of Process claim is DISMISSED with prejudice.(3) The Motion to Dismiss is otherwise DENIED. Plaintiffs may proceed on the 42 U.S.C. § 1983 False Arrest claim, the Intentional Infliction of Emotional Distress claim, and the Loss of Consortium claim. Signed by Honorable A. Richard Caputo on 6/29/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JACQUELINE SHEARE and TREVOR R.
SHEARE,

CIVIL ACTION NO. 3:11-CV-1639
(JUDGE CAPUTO)

Plaintiffs,
v.
BOROUGH OF OLYPHANT and
OFFICER LEWIS KLINE,
Defendants.
ORDER

NOW, this 29th day of June, 2012, IT IS HEREBY ORDERED that Defendants’
Motion to Dismiss Plaintiffs’ Amended Complaint (Doc. 15) is GRANTED in part and
DENIED in part.
(1) Defendants’ Motion to Dismiss Count Two is GRANTED and the Monell claim
is DISMISSED with prejudice.
(2) Defendants’ Motion to Dismiss Count Three is GRANTED and the Abuse of
Process claim is DISMISSED with prejudice.
(3) The Motion to Dismiss is otherwise DENIED. Plaintiffs may proceed on the 42
U.S.C. § 1983 False Arrest claim, the Intentional Infliction of Emotional Distress
claim, and the Loss of Consortium claim.

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