Sauers v. Borough of Nesquehoning et al

Filing 31

ORDER (memorandum filed previously as separate docket entry), GRANTING in part/DENYING in part 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM- Granted re Dft Sean Smith Counts I,V, VI; and Granted re pltf's punitive damages claim; denied in all other respects. Signed by Honorable James M. Munley on 3/3/17. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MICHAEL SAUERS, Individually and as Administrator of the ESTATE OF CAROLA R. SAUERS, Deceased, Plaintiff : No. 3:16cv811 : : (Judge Munley) : : v. : : STEPHEN HOMANKO, BOROUGH OF : NESQUEHONING, and SEAN SMITH : Defendants : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 3rd day of March 2017, it is hereby ORDERED that Defendants Borough of Nesquehoning and Sean Smith’s motion to dismiss (Doc. 19) is GRANTED IN PART and DENIED IN PART, as follows: 1. The motion is GRANTED with respect to Defendant Sean Smith, and Defendant Smith is DISMISSED from Counts I, V, and VI; 2. The motion is GRANTED with respect to the plaintiff’s punitive damages claim; and 3. The motion is DENIED in all other respects. s/ James M. Munley JUDGE JAMES M. MUNLEY United States District Court

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