McGee v. Conyngham Township et al

Filing 20

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that 9 MOTION to Dismiss is GRANTED in part and DENIED in part. Plaintiff is GRANTED leave to file an Amended Complaint to correct the deficiencies outlined in my Memorandum Opinion no later than twenty-one(21) days from the date of this Order. (See Order for further details.) Signed by Honorable Matthew W. Brann on 5/1/2018. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:17-CV-01639

JOHN MCGEE,

(Judge Brann)

Plaintiff.
v.
CONYNGHAM TOWNSHIP,
CONYNGHAM TOWNSHIP BOARD
OF SUPERVISORS, CONYNGHAM
TOWNSHIP AUTHORITY,
SUPERVISOR LINDA TARLECKI,
individually and as supervisor,
SUPERVISOR TODD CROKER,
individually and as supervisor,
SUPERVISOR JOSEPH SHRINER,
individually and as supervisor,
Defendants.

ORDER
AND NOW, this 1st day of May 2018, in accordance with the Memorandum
Opinion of this same date, IT IS HEREBY ORDERED that:
1. Defendants Conyngham Township, Conyngham Township Board of
Supervisors, Conyngham Township Authority, Supervisor Linda Tarlecki,
Supervisor Todd Croker, and Supervisor Joseph Shriner’s Motion to Dismiss
Plaintiff John McGee’s Amended Complaint (ECF No. 9) is GRANTED in
part and DENIED in part as follows:

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a. To the extent it seeks a more definite statement pursuant to Federal
Rule of Civil Procedure 12(e), this Motion is denied;
b. Plaintiff’s First Amendment retaliation claim, or count I, is dismissed
without prejudice;
c. Plaintiff’s Fourteenth Amendment substantive due process claim, or
Count II, is dismissed without prejudice;
d. Plaintiff’s defamation and intentional infliction of emotional distress
claims, or Counts III and IV, are dismissed with prejudice against
Conyngham Township, Conyngham Township Board of Supervisors,
Conyngham Township Authority;
e. Plaintiff’s intentional infliction of emotional distress claim, or Count
IV, is dismissed without prejudice against Individual Defendants; and
f. Plaintiff’s request for punitive damages under Section 1983 is
dismissed without prejudice.
2. Plaintiff is GRANTED leave to file an Amended Complaint to correct the
deficiencies outlined in my Memorandum Opinion no later than twentyone (21) days from the date of this Order.
BY THE COURT:

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