Tarbox et al v. Butler Township Police Department et al

Filing 33

ORDER 1. Such Motion (Doc. 13) is GRANTED IN PART AND DENIED IN PART, as follows: a. The Motion is DENIED with respect to Counts I, It and IV. b.The Motion is GRANTED with respect to Counts III, V, and VI. These Counts are DISMISSED WITH LEAVE TO AME ND. c. The Motion is GRANTED with respect to Punitive Damages only insofar as it seeks the demand for Punitive Damages to be stricken from Plaintiffs' Municipal Liability claim. It is DENIED in all other respects. The leave to amend granted with respect to Count VI DOES NOT INCLUDE leave to reassert a demand for Punitive Damages in an amended Municipal Liability claim. d. The Defendants' claim for Qualified Immunity is CONDITIONALLY DENIED, with leave to be reasserted at an appropriate time.e. The Defendants' claim for Immunity under the Political Subdivision Tort Claims Act is DENIED. 2. Plaintiffs shall have FOURTEEN (14) DAYS from the date of this Order in which to file a Second Amended Complaint that cures the defects cited in the Court's accompanying Memorandum Opinion.Signed by Honorable Robert D. Mariani on 10/19/15. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

PETER TARBOX and

ANNETTE WILLIAMS,

Plaintiff,

v.

3:14·CV·01346
(JUDGE MARIANI)

BUTLER TOWNSHIP and
OFFICER SHAWN M. BUTLER, in his
official and individual capacities,
Defendant.
ORDER
AND NOW, THIS 19TH DAY OF OCTOBER, 2015, upon consideration of
Defendants' Motion to Dismiss for Failure to State a Claim, IT IS HEREBY ORDERED
THAT:
1. Such Motion (Doc. 13) is GRANTED IN PART AND DENIED IN PART, as follows:
a. The Motion is DENIED with respect to Counts I, It and IV.
b. The Motion is GRANTED with respect to Counts III, V, and VI. These Counts
are DISMISSED WITH LEAVE TO AMEND.
c. The Motion is GRANTED with respect to Punitive Damages only insofar as it
seeks the demand for Punitive Damages to be stricken from Plaintiffs'
Municipal Liability claim. It is DENIED in all other respects. The leave to
amend granted with respect to Count VI DOES NOT INCLUDE leave to

reassert a demand for Punitive Damages in an amended Municipal Liability
claim.
d. The Defendants' claim for Qualified Immunity is CONDITIONALLY DENIED,
with leave to be reasserted at an appropriate time.
e. The Defendants' claim for Immunity under the Political Subdivision Tort
Claims Act is DENIED.
2. Plaintiffs shall have FOURTEEN (14) DAYS from the date of this Order in which to
file a Second Amended Complaint that cures the defects cited in the Court's
accompanying Memorandum Opinion.

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