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)

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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

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