Condron v. Facciolo et al

Filing 11

ORDER (memorandum filed previously as separate docket entry), GRANTING dfts' motion to dismiss in part; granted re pltf's claims against the PA State Police and the PA State Police are terminated; DFt Facciolo is dismissed in her official c apacity but shall remain in her individual capacity; Pltf's 1st Amendment retaliation claim and pltf's 14th amendment due process claim are dismissed w/prejudice; Pltf's 14th amendment equal protection claim is dismissed w/o pejudice; Plaintiff may file an amended complaint w/i 14 days consistent with this order or case will be closed. The Pennsylvania State Police terminated.Signed by Honorable James M. Munley on 1/9/14. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARY ELLEN CONDRON,
Plaintiff

:
No. 3:13cv818
:
:
(Judge Munley)
v.
:
:
DEBRA J. FACCIOLO and THE
:
PENNSYLVANIA STATE POLICE,
:
Defendants
:
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 9th day of January 2014, defendants’ motion
to dismiss (Doc. 5) is hereby GRANTED as follows:
1.

The motion is granted with respect to plaintiff’s claims against the
Pennsylvania State Police. The Clerk of Court is directed to dismiss
the Pennsylvania State Police from this case;

2.

Defendant Debra J. Facciolo is dismissed from the case to the
extent that she is sued in her official capacity. Defendant Facciolo
will remain in the case in her individual capacity.

3.

Plaintiff’s First Amendment retaliation claim is DISMISSED with
prejudice;

4.

Plaintiff’s Fourteenth Amendment due process claim is DISMISSED
with prejudice;

5.

Plaintiff’s Fourteenth Amendment equal protection claim is
dismissed without prejudice to plaintiff filing an amended complaint
within fourteen (14) days properly asserting this claim; and

6.

If plaintiff fails to file an amended complaint in fourteen (14) days,
this case will be closed.

BY THE COURT:

s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

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