Plonka et al v. Borough of Susquehanna et al

Filing 12

ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED that: Plaintiffs' Amended Complaint (Doc. 10) is DISMISSED. Plaintiffs shall have 21 days to file a second amended complaint that properly pleads a Fourth Amended excessive force claim. See Order for additional, specific details. Signed by Honorable A. Richard Caputo on 4/5/17. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANDREAS PLONKA and CAROLINE
PLONKA,

CIVIL ACTION NO. 3:17-CV-00262

Plaintiffs,
(JUDGE CAPUTO)
v.
BOROUGH OF SUSQUEHANNA et al.,
Defendants.
ORDER
NOW, this 5th day of April, 2017, IT IS HEREBY ORDERED that:
(1)

Pursuant to the screening provisions of 28 U.S.C. § 1915(e)(2)(B), Plaintiffs’
Amended Complaint (Doc. 10) is DISMISSED.
(a)

Plaintiffs’ Fourth Amendment excessive force claim under 42 U.S.C. §
1983 against Defendant Borough of Susquehanna is DISMISSED.
Plaintiffs shall NOT be granted leave to amend this claim.

(b)

Plaintiffs’ Fourth Amendment excessive force claim under 42 U.S.C. §
1983 against Defendant Police Chief Robert Sweet in his official
capacity is DISMISSED. Plaintiffs shall NOT be granted leave to
amend this claim.

(c)

Plaintiffs’ failure-to-train claim under 42 U.S.C. § 1983 against
Defendant Borough of Susquehanna is DISMISSED. Plaintiffs shall
NOT be granted leave to amend this claim.

(d)

The Court declines to exercise supplemental jurisdiction over Plaintiffs’
state-law claims for assault, battery, and loss of consortium pursuant to
28 U.S.C. § 1367(c)(3). Accordingly, these claims are DISMISSED.

(2)

Plaintiffs shall have twenty-one (21) days from the date of entry of this Order
to file a second amended complaint that properly pleads a Fourth Amendment
excessive force claim under 42 U.S.C. § 1983 against Defendant Police Chief

Robert Sweet in his individual capacity and the state-law claims against
Defendant Police Chief Robert Sweet which the Court dismissed herein
pursuant to 28 U.S.C. § 1367(c)(3), if they so choose. Leave shall be granted
with respect to these claims only. If Plaintiffs do not file a second amended
complaint within twenty-one (21) days from the date of entry of this Order,
these claims will be DISMISSED and the case will be CLOSED.
(3)

The Clerk of Court shall forward a copy of this Order and accompanying
Memorandum by regular mail to the Borough of Susquehanna and Police
Chief Robert Sweet.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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