Briggs v. Potter County et al

Filing 14

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that Defendants' 6 MOTION to Dismiss is GRANTED IN PART AND DENIED IN PART. (See Order for further/complete details.) Signed by Honorable Matthew W. Brann on 11/13/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RALPH BRIGGS, SR.,

No. 4:17-CV-00419

Plaintiff.

(Judge Brann)

v.
POTTER COUNTY, GLENN DRAKE,
II, SUSAN KEFOVER, PAUL
HEIMEL, DOUGLAS MORLEY,
ANGELA MILFORD, KENNETH
SAULEY,
Defendants.

ORDER
AND NOW, this 13th day of November 2017, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1.

The Motion to Dismiss filed by Potter County, Glenn Drake, II, Susan
Kefover, Paul Heimel, Douglas Morley, Angela Milford, and Kenneth
Sauley, ECF No. 6, is GRANTED IN PART AND DENIED IN
PART as follows:
a. The motion is GRANTED WITHOUT PREJUDICE as to
Plaintiff’s § 1983 claims (Counts I and II) against Potter County,
Susan Kefover, Paul Heimel, and Douglas Morley.

b. The motion is DENIED as to Plaintiff’s § 1983 claim against
Sheriff Sauley.
c. The motion is DENIED as to the issues of whether this Court has
subject matter jurisdiction, whether Plaintiff has failed to exhaust
his administrative remedies, and whether Plaintiff’s claims are
preempted.
2. Plaintiff is GRANTED leave to amend her complaint, as indicated in the
accompanying Memorandum, no later than twenty one (21) days from
the date of this Order.
3. Defendants are GRANTED leave to raise, in response to any amended
complaint filed by Plaintiff, the issues of whether this Court has subject
matter jurisdiction, whether Plaintiff has failed to exhaust his
administrative remedies, and whether Plaintiff’s claims are preempted.

BY THE COURT:

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

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