Graham-Smith et al v. Wilkes-Barre Police Department et al

Filing 16

ORDER (memorandum filed previously as separate docket entry), GRANTING in part and DENYING in part 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM- GRANTED re Dfts Wilkes Barre Police Department and Chief Gerard Dessoye; and GRANTED re Offi cer Alan Gribble in his official capacity; Pltf's 5th and 14th amendment claim of Count I are dismissed; Pltf's negligent infliciton of emotion distress of Count 8 is dismissed; and Pltf's loss of consortium claim of Count 11 is dismissed- The motion is DENIED in all other aspects and the defendants are ordered to answer w/i 14 days of this order. Signed by Honorable James M. Munley on 5/19/15. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DELILAH A. GRAHAM-SMITH and
RODNEY G. SMITH, her husband,
Plaintiff

:
No. 3:14cv2159
:
:
(Judge Munley)
:
v.
:
:
WILKES-BARRE POLICE
:
DEPARTMENT, CITY OF
:
WILKES-BARRE, ALAN GRIBBLE, in :
his official and individual capacities :
and GERARD E. DESSOYE, in his
:
official and individual capacities,
:
Defendants
:
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 19th day of May 2015, defendants’ motion to
dismiss (Doc. 6) is GRANTED in part and DENIED in part as follows:
The motion is GRANTED with respect to:
1.

All claims against the Wilkes-Barre Police Department. The WilkesBarre Police Department is DISMISSED from this action;

2.

All claims against Chief Gerard E. Dessoye. Chief Dessoye is
DISMISSED from this action;

3.

Plaintiff’s federal claims against Officer Gribble in his official capacity
are DISMISSED with prejudice;

4.

Plaintiff’s Fifth and Fourteenth Amendment claims asserted in Count

I are DISMISSED with prejudice;
5.

Plaintiff’s negligent infliction of emotional distress claim asserted in
Count VIII is DISMISSED with prejudice; and

6.

Plaintiff’s loss of consortium claim stated in Count IX is DISMISSED
with prejudice.
The motion is DENIED in all other aspects. Defendants are further

ORDERED to answer plaintiff’s complaint within fourteen (14) days.

BY THE COURT:

s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

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