Bauer v. Lackawanna County Sheriff's Department. et al

Filing 16

ORDER (memorandum filed previously as separate docket entry), DENYING 9 Second MOTION to Dismiss/ More Definite Statement; DFt Valenza is DISMISSED; Pltf's prayer for injunctive releive is dismissed and Pltf's excessive force claim agisnt dft Valenza is dismissed. Signed by Honorable James M. Munley on 1/9/19. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRIGHID BAUER,
Plaintiff

:
No. 3:18cv779
:
:
(Judge Munley)
v.
:
LACKAWANNA COUNTY d/b/a
:
LACKAWANNA COUNTY
:
SHERIFF’S DEPARTMENT AND
:
DEPUTY CHAS VALENZA in his
:
individual capacity
:
Defendants
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 9th day of January 2019, it is hereby ORDERED as
follows:
1) Defendants’ motion to dismiss counts 2 and 3 against Lackawanna County
(Doc. 9) is DENIED;
2) Defendants’ motion for a more definite statement (Doc. 9) is DENIED;
3) Defendant Valenza—in his official capacity—is DISMISSED from this case;
4) The plaintiff’s prayer for injunctive relief is DISMISSED; and
5) The plaintiff’s excessive force claim against Defendant Valenza under
Pennsylvania state law is DISMISSED.
BY THE COURT:

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