McCullough v. Spathelf et al

Filing 22

ORDER (memorandum filed previously as separate docket entry). Defendants Motions to Dismiss (Docs. 9 and 14) are GRANTED in part and DENIED in part as follows:(A) Plaintiffs Fourteenth Amendment substantive due process claim (CountI) is DISMISSED wit h prejudice;(B) Plaintiffs claim for false arrest under 42 U.S.C. § 1983 (Count II, in part)is DISMISSED with prejudice; and(C) Defendants Motions to Dismiss are DENIED in all other respects.Signed by Honorable A. Richard Caputo on 4/12/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ALBERT MCCULLOUGH,
NO. 3:17-cv-1856

Plaintiff,
v.

(JUDGE CAPUTO)

LARRY SPATHELF AND JASON
WESTGATE,
Defendants.
ORDER
NOW, this 12th day of April, 2018, IT IS HEREBY ORDERED that
Defendants’ Motions to Dismiss (Docs. 9 and 14) are GRANTED in part and
DENIED in part as follows:
(A)

Plaintiff’s Fourteenth Amendment substantive due process claim (Count
I) is DISMISSED with prejudice;

(B)

Plaintiff’s claim for false arrest under 42 U.S.C. § 1983 (Count II, in part)
is DISMISSED with prejudice; and

(C)

Defendants’ Motions to Dismiss are DENIED in all other respects.

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