HENRY et al v. CITY OF ERIE et al

Filing 56

ORDER granting 12 Motion to Dismiss to the extent Defendants Horan and Angelotti moved to dismiss the §1983 state-created danger claim filed against them by Plaintiffs on the basis of qualified immunity. The Clerk of Court is directed to terminate Defendants Horan and Angelotti from this action. Signed by Judge Maurice B. Cohill on 9/17/13. (bfm )

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MARIO HENRY, et at,

Plaintiffs,
vs.
CITY OF ERIE, et at,
Defendants.

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Civil Action No.1 0-260 Erie

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MEMORANDUM ORDER

On August 23,2013, the United States Court of Appeals for the Third Circuit
issued an Opinion in this matter with respect to an appeal that Defendants John E.
Horan and Joseph Angelotti filed in response to our denial of their motion to dismiss on
qualified immunity grounds the Plaintiffs' § 1983 state-created danger claim filed against
them. In its decision, the appellate court stated:
Under our state-created danger jurisprudence, we cannot find that
defendants' failings amount to a state-created danger. We decline to
expand the state-created danger doctrine-a narrow exception to the
general rule that the state has no duty to protect its citizens from private
harms-to embrace this case. Accordingly, we will reverse the order of the
District Court denying qualified immunity to Horan and Angelotti and
remand for proceedings consistent with this opinion.
Henry v. City of Erie, 2013 WL 4498669, *10 (footnote omitted). In its Judgment, issued
the same date, the appellate court ordered that our order entered on September 28,
2011, was reversed and the matter remanded.
By letter dated September 16, 2013, this Court was provided certified copy of the
Judgment and instructed that: U[t]he certified judgment is issued in lieu of a formal
mandate and is to be treated in all respects as a mandate,"

Accordingly, in conformance with the above, this 17th day of September, 2013, it
is hereby ORDERED, ADJUDGED, AND DECREED that Defendants John E. Horan
and Joseph Angelotti are entitled to qualified immunity with respect to the Plaintiffs'
§1983 state-created danger claim filed against them, their motion to dismiss [ECF#12]
is granted to the extent they moved to dismiss Plaintiffs' §1983 state-created danger
claim filed against them on the basis of qualified immunity, and the Clerk of Court is
directed to terminate Defendant Horan and Angelotti from this action.

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Ma Ice B. COhill, Jr.
Senior District Court Judge

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