Garanin et al v. City of Scranton et al

Filing 63

ORDER (memorandum filed previously as separate docket entry) granting in part, denying in part 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Scranton, Patrick L. Hinton, Lori Uher, William L. Courtright, Tamilyn Carmona. Signed by Magistrate Judge Martin C. Carlson on March 31, 2021. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
VSEVOLOD GARANIN, et al.

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Plaintiffs,
v.
CITY OF SCRANTON, et al.
Defendants.

Civil No. 3:19-CV-1275

(Magistrate Judge Carlson)

ORDER
In accordance with the accompanying Memorandum Opinion, the defendants’
partial motion to dismiss (Doc. 25) is GRANTED IN PART AND DENIED IN
PART. IT IS ORDERED THAT the motion to dismiss is GRANTED with respect
to the following defendants and claims:
1. Count I is dismissed as to Defendants Uher and Oleski as to the William
Street property, Defendants Carmona and Oleski as to the Willow Street
property, and Defendant Courtright as to all properties;
2. Count V is dismissed as to the individual defendants;
3. Count VII is dismissed as to Defendant Courtright, and as to the claims
based on the condemnation of the William Street property and the February
2019 citation for Prohibited Occupancy; and

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4. Count VIII is dismissed as to Defendant Courtright.
IT IS FURTHER ORDERED THAT the motion is DENIED as to the malicious
prosecution claim in Count VII based on the January 2019 Prohibited Occupancy
citation.
So ordered this 31st day of March 2021.
S/ Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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