Spencer v. Borough of Moosic et al

Filing 71

ORDER (memorandum filed previously as separate docket entry). (1)Each of the plaintiffs claims against the unnamed individual defendants, John Does I-XX, and the unnamed municipal defendants, John Doe Boroughs/Cities/Counties XXI-XXV, in the amended complaint will be dismissed without prejudice;(2)Each of the plaintiffs claims under Count III against the Borough of Moosic, the Borough of Hughestown, the Borough of Exeter, and the City of Pittston in the amended complaint will be dismissed in its entirety with prejudice;(3)Each of the plaintiffs Fourteenth Amendment claims in the amended complaint will be dismissed in its entirety with prejudice.In all other respects, the motions are DENIED.Signed by Honorable Malachy E Mannion on 9/29/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JUDSON JAMES SPENCER, JR.,

:

Plaintiff,

:

v.

:

BOROUGH OF MOOSIC, ET AL.,
Defendants.

CIVIL ACTION NO. 3:14-1704

:

(JUDGE MANNION)

:

ORDER

In accordance with the Memorandum issued this same day, the motion
to dismiss filed by the Borough of Moosic and Borough of Moosic Police
Officer James A. Giehl (Doc. 47); the motion to dismiss filed by the City of
Pittston (Doc. 48); the motion to dismiss filed by the Borough of Hughestown
(Doc. 50); and the motion to dismiss filed by the Borough of Exeter and
Borough of Exeter Police Officer Thomas Farrell (Doc. 51), are each
GRANTED IN PART AND DENIED IN PART.
The motions are GRANTED to the extent that:
(1)

Each of the plaintiff’s claims against the unnamed individual
defendants, John Does I-XX, and the unnamed municipal
defendants, John Doe Boroughs/Cities/Counties XXI-XXV,
in the amended complaint will be dismissed without

prejudice;
(2)

Each of the plaintiff’s claims under Count III against the
Borough of Moosic, the Borough of Hughestown, the
Borough of Exeter, and the City of Pittston in the amended
complaint will be dismissed in its entirety with prejudice;

(3)

Each of the plaintiff’s Fourteenth Amendment claims in the
amended complaint will be dismissed in its entirety with
prejudice.

In all other respects, the motions are DENIED.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: September 29, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-1704-01-order.wpd

2