Montanez v. Tritt et al

Filing 50

ORDER 1. Defendants' motion (Doc. 25) to dismiss is GRANTED in part and DENIED in part as follows: a. Plaintiffs claims against Superintendent Brenda Tritt are DISMISSED with prejudice. The Clerk of Court is DIRECTED to terminate Superintendent Brenda Tritt as a party to this action. b. The motion to dismiss the claims against Lieutenant Joseph Hannon and Sergeant Reed is DENIED. c. Plaintiffs claims against the Defendants in their official capacities are DISMISSED. 2. Defendants Hannon and Reed are directed to file a responsive pleading within twenty-one (21) days of the date of this Order.Signed by Honorable Robert D. Mariani on 9/21/15. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOSE MONTANEZ,

Plaintiff,

Civil No. 3:14-cv-1362

v.

(Judge Mariani)

MS. TRITT, et a/.,
Defendants.

ORDER
AND NOW, this

;;u:>t;;y of September, 2015, upon consideration of Defendants'

motion (Doc. 25) to dismiss, and for the reasons set forth in the Court's Memorandum of the
same date, IT IS HEREBY ORDERED THAT:
1.

Defendants' motion (Doc. 25) to dismiss is GRANTED in part and DENIED in
part as follows:
a.

b.

The motion to dismiss the claims against Lieutenant Joseph Hannon
and Sergeant Reed is DENIED.

c.

2.

Plaintiffs claims against Superintendent Brenda Tritt are DISMISSED
with prejudice. The Clerk of Court is DIRECTED to terminate
Superintendent Brenda Tritt as a party to this action.

Plaintiffs claims against the Defendants in their official capacities are
DISMISSED.

Defendants Hannon and Reed are directed to file a responsive pleading
within twenty-one (21) days of the date of this Order.