Adams et al v. Luzerne County et al

Filing 36

ORDER (memorandum filed previously as separate docket entry) - Defendants motion to dismiss (Doc. 11) is granted in part and denied in part. It is hereby ORDERED as follows: 1. Luzerne County 911 Emergency Services is DISMISSED from this action with out prejudice. 2. Defendants motion to dismiss Adams First Amendment retaliation claim is DENIED. 3. Defendants motion to dismiss McFarlands First Amendment retaliation claim is GRANTED with prejudice. 4. Defendants motion to dismiss McFarlands Fo urteenth Amendment equal protection claim is GRANTED with prejudice. 5. Defendants motion to dismiss McFarlands Pennsylvania Human Relations Act claim is DENIED. 6. Defendants motion to dismiss Luzerne County from Adams Federal Wiretap Act claim is GRANTED with prejudice. 7. Defendants motion to dismiss Luzerne County from Adams Pennsylvania Wiretap Act claim is GRANTED with prejudice. 8. Defendants motion to dismiss the Luzerne County Commissioners from Adams wiretap claims is DENIED. 9. D efendants motion to dismiss Plaintiffs defamation claims against Luzerne County is GRANTED with prejudice. 10.Defendants motion to dismiss Plaintiffs defamation claims against the Luzerne County Commissioners is DENIED. The claims remaining are as follows: Adams First Amendment retaliation claim; Adams Fourteenth Amendment equal protection claim; Adams Pennsylvania Human Relations Act claims;; Adams wiretap claims against the Luzerne County Commissioners; McFarlands Pennsylvania Human Relations Act claim; and Adams and McFarlands defamation claims against the Luzerne County Commissioners. Signed by Magistrate Judge Karoline Mehalchick on 8/6/2014. (cw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
REBECCA ADAMS and
JAMES J. MCFARLAND,
CIVIL ACTION NO. 3:13-CV-01102
Plaintiffs,
(MEHALCHICK, M.J.)
v.
LUZERNE COUNTY, et al.,
Defendants
ORDER
AND NOW, this 6th day of August 2014, for the reasons set forth in the Memorandum
filed concurrently herewith, Defendants’ motion to dismiss (Doc. 11) is granted in part and
denied in part. It is hereby ORDERED as follows:
1. Luzerne County 911 Emergency Services is DISMISSED from this
action without prejudice.
2. Defendants’ motion to dismiss Adams’ First Amendment retaliation
claim is DENIED.
3. Defendants’ motion to dismiss McFarland’s First Amendment retaliation
claim is GRANTED with prejudice.
4. Defendants’ motion to dismiss McFarland’s Fourteenth Amendment
equal protection claim is GRANTED with prejudice.
5. Defendants’ motion to dismiss McFarland’s Pennsylvania Human
Relations Act claim is DENIED.
6. Defendants’ motion to dismiss Luzerne County from Adams’ Federal
Wiretap Act claim is GRANTED with prejudice.
7. Defendants’ motion to dismiss Luzerne County from Adams’
Pennsylvania Wiretap Act claim is GRANTED with prejudice.

8. Defendants’ motion to dismiss the Luzerne County Commissioners from
Adams’ wiretap claims is DENIED.
9. Defendants’ motion to dismiss Plaintiffs’ defamation claims against
Luzerne County is GRANTED with prejudice.
10. Defendants’ motion to dismiss Plaintiff’s defamation claims against the
Luzerne County Commissioners is DENIED.
The claims remaining are as follows: Adams’ First Amendment retaliation claim;
Adams’ Fourteenth Amendment equal protection claim; Adams’ Pennsylvania Human
Relations Act claims;; Adams’ wiretap claims against the Luzerne County Commissioners;
McFarland’s Pennsylvania Human Relations Act claim; and Adams and McFarland’s
defamation claims against the Luzerne County Commissioners.

s/ Karoline Mehalchick

Dated: August 6, 2014

KAROLINE MEHALCHICK
United States Magistrate Judge

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