Campbell et al v. Balon et al

Filing 56

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that: 28 MOTION to Dismiss Amended Complaint filed by Auchter, Town of Bloomsburg, Pennsylvania, Szkodny, Charles Balon, Roger F. VanLoan is GRANTED IN P ART, and DENIED IN PART; 36 Motion to Dismiss filed by John Berger, III is GRANTED IN PART, and DENIED IN PART; 37 Motion to Dismiss filed by Marlene Butters is GRANTED; 38 Motion to Dismiss filed by Jason Gregas is GRANTED; and 50 Motion to Dismiss filed by Chumley's Bar and Grille is GRANTED IN PART, and DENIED IN PART. Signed by Honorable Matthew W. Brann on 7/6/2017. (See Order for further details.) (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRUCE M. CAMPBELL, and KIM L.:
CAMPBELL, husband and wife,
:
:
Plaintiffs,
:
:
v.
:
:
CHARLES BALON, individually as :
police officer of the Bloomsburg
:
Police Department; OFFICER
:
AUCHTER, individually as police
:
Officer of Bloomsburg Police
:
Department; OFFICER SZKODNY, :
Individually as police officer of the :
Bloomsburg Police Department;
:
ROGER VANLOAN, individually as :
Police chief of the Bloomsburg Police :
Department; TOWN OF
:
BLOOMSBURG; CHUMLEY’S
:
BAR AND GRILLE, LLC, and
:
CAPITOL BG LLC, d/b/a CAPITOL :
BAR AND GRILL a/k/a CAPITOL :
RESTAURANT AND BAR; JOHN :
BERGER, III, MARLENE
:
BUTTERS; and JOHN GREGAS,
:
:
Defendants.
:

No. 4:16-CV-00779

(Judge Brann)

ORDER
AND NOW, this 6th day of July 2017, in accordance with the Memorandum
Opinion of this same date, IT IS HEREBY ORDERED that:

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1. Defendants Charles Balon, Officer Auchter, Officer Szkodny, Roger F.
VanLoan, and Town of Bloomsburg’s Motion to Dismiss the Amended
Complaint (ECF No. 28) is GRANTED in part, and DENIED in part;
a. Count IV (Plaintiff BC’s Excessive Use of Force claim against
Defendant Balon) is dismissed without prejudice;
b. Count VIII ( Plaintiff BC’s Loss of Consortium against Defendants
Balon and the Town of Bloomsburg) is dismissed with prejudice;
c. Count IX (Plaintiff BC’s conspiracy claim against Defendants Balon,
Szkodny, Butters, Gregas, and Capitol Bar and Grill) is dismissed
without prejudice;
d. Count X (Plaintiff KC’s Section 1983 claim against Defendant Balon)
is dismissed with prejudice;
e. Count XI (Plaintiff KC’s Loss of Consortium claim against
Defendants Balon and the Town of Bloomsburg) is dismissed with
prejudice; and
f. Count XII (Plaintiff KC’s Section 1983 claim against Defendant
Town of Bloomsburg) is dismissed with prejudice.
2. Defendant John Berger, III’s Motion to Dismiss the Amended Complaint
(ECF No. 36) is GRANTED in part, and DENIED in part;

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a. Counts XVII & XVIII (Plaintiff KC’s intentional infliction of emotion
distress claims against Defendants Berger and Capitol Bar and Grill)
are dismissed with prejudice.
3. Defendant Marlene Butters’s Motion to Dismiss the Amended Complaint
(ECF No. 37) is GRANTED;
4. Defendant Jason Gregas’s Motion to Dismiss the Amended Complaint (ECF
No. 38) is GRANTED;
5. Defendant Chumley’s Bar and Grille’s Motion to Dismiss the Amended
Complaint (ECF No. 50) is GRANTED in part and DENIED in part;
a. Counts XVII & XVIII (Plaintiff KC’s intentional infliction of emotion
distress claims against Defendants Berger and Capitol Bar and Grill)
are dismissed with prejudice.
6. Plaintiff BC is granted leave to file an Amended Complaint within twentyone (21) days re-asserting the dismissed excessive force claim under Section
1983 against Defendant Balon, and the dismissed civil conspiracy claim
under Section 1983 against Defendants Balon, Berger, Butters, Gregas, and
Capitol Bar and Grill.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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