Samuels et al v. Pocono Mountain Regional Police Department et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that the Report & Recommendation (Doc. 11) is ADOPTED as follows:(1)Defendants motions to dismiss (Docs. 7 and 8) are GRANTED in part and DENIED in part as follows: (a)Defendants moti ons to dismiss Plaintiffs claim for malicious prosecution (Count I) are GRANTED and this claim is DISMISSED with prejudice. As Officer Schmidt is named in Count I only, he is DISMISSED as a Defendant. (b)Defendants motions to dismiss Plaintiffs cla im for punitive damages against the Municipalities are GRANTED and this claim is DISMISSED with prejudice.(c) In all other respects, Defendants motions to dismiss are DENIED. The parties are instructed to proceed with discovery regarding Plaintiff s remaining claims for unlawful arrest, excessive force, and municipal liability set forth in Counts II, III, and IV of the Complaint. (2)The matter is RECOMMITTED to Magistrate Judge Carlson for further proceedings. Signed by Honorable A. Richard Caputo on 3/12/14. (jam)
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