NYKIEL v. BOROUGH OF SHARPSBURG et al

Filing 110

MEMORANDUM ORDER granting in part and denying in part 85 Motion to Dismiss; Motion is DENIED as to dismissal of the amended complaint for failure to state a claim and as to plaintiff's punitive damages claim against defendant Vith; Motion is G RANTED as to plaintiff's punitive damages claim against defendants Borough of Millvale and the Millvale Police Department; 86 Motion to Dismiss is granted in part and denied in part; Motion is DENIED as to the section 1983 claim alleging that the municipal defendants had a custom or policy that inflicted injury; Motion is GRANTED as to dismissal of the state law claims for battery, wrongful death, survival, and indemnification against defendants Township of Hampton and Hampton Police Depa rtment, as to plaintiff's punitive damages claim against defendants Township of Hampton and Hampton Police Department and as to dismissal of defendant Hampton Police Department; 90 Motion to Dismiss is granted in part and denied in part; Motio n is DENIED as to dismissal of the amended complaint for failure to state a claim and as to plaintiff's punitive damages claim against defendant Middlebee; Motion is GRANTED as to plaintiff's punitive damages claim against defendants O' ;Hara Township and the O'Hara Police Department, as to dismissal of defendant O'Hara Police Department, and as to dismissal of the state law claims for battery, wrongful death, and survival against defendant O'Hara Township; 85 Motion for More Definite Statement, 86 Motion for More Definite Statement and 90 Motion for More Definite Statement are DENIED. Signed by Judge Gary L. Lancaster on 3/19/09. (map)