Feisti v. Luzerne Intermediate Unit et al

Filing 74

ORDER (memorandum filed previously as separate docket entry)The defendants motion to dismiss the plaintiffs second amended complaint, (Doc. 53), is GRANTED IN PART AND DENIED IN PART. (See order for details).Signed by Honorable Malachy E Mannion on 3/24/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LORIE FEISTL,

:

Plaintiff

:

v.

CIVIL ACTION NO. 3:14-0491

:
(JUDGE MANNION)

LUZERNE INTERMEDIATE UNIT,
ANTHONY GRIECO, RONALD
MUSTO, GREG KOONS, BETTY
JEAN SEGEAR, and KIM
GEISINGER

:

Defendants

:

:
:

ORDER
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT:
(1)

The defendants’ motion to dismiss the plaintiff’s second
amended complaint, (Doc. 53), is GRANTED IN PART AND
DENIED IN PART.

(2)

The defendants’ motion to dismiss the plaintiff’s second
amended complaint is GRANTED as follows:
(a)

Counts One (Illegal Search), Two (Illegal Seizure)
and Three (Due Process), are dismissed against
defendant LIU and the individual defendants in their
official capacities;

(b)

Counts Four (Conspiracy to Interfere with Civil

Rights), Five (Neglect to Prevent Conspiracy), Eight
(Defamation), Nine (Invasion of Privacy - False Light),
Twelve (IIED) and Thirteen (First Amendment) are
dismissed against all defendants.
(c)

Counts

Sixteen

(PHRA

Discrimination)

and

Seventeen (PHRA Retaliation) are dismissed against
defendant Geisinger only; and
(d)

the plaintiff’s request for punitive damages in
the remaining claims are dismissed against
defendant LIU and the individual defendants in
their official capacities.

(3)

The defendants’ motion to dismiss the plaintiff’s second
amended complaint is DENIED as follows:
(a)

Counts One (Illegal Search), Two (Illegal Seizure)
and Three (Due Process) against the individual
defendants in their individual capacities will proceed;

(b)

Counts Six (Failure to Accommodate - Section 504 of
the Rehabilitation Act), Seven (Retaliation - Section
504

of

the

Rehabilitation

Act),

Ten

(FMLA

Interference), Eleven (FMLA Retaliation), Fourteen
(ADA - Discrimination) and Fifteen (ADA - Retaliation)
will proceed; and

(c)

the plaintiff’s claim for liquidated damages in
Counts Ten (FMLA Interference) and Eleven
(FMLA Retaliation) will proceed.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: March 24, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-0491-01-ORDER.wpd