WHITING v. BONAZZA et al

Filing 49

MEMORANDUM OPINION granting in part and denying in part 39 Motion to Dismiss filed by defendants Amber Price and Burgettstown Borough; granting in part and denying in part 43 Motion to Dismiss filed by defendants Larry A. Bonazza and Smith Townsh ip; and granting 9 Motion to Dismiss filed by defendant Gary Havelka. Municipal defendants' motions to dismiss are granted because plaintiff failed to plead sufficient facts from which the court could plausibly infer municipal liability. Pric e and Bonazza's motions to dismiss are granted in part and denied in part. Plaintiff's claims against Price and Bonazza for excessive force and unlawful arrest under the Fourth Amendment survive because the factual allegations are sufficie nt for the court to conclude that there are plausible claims for those violations. Havelka's motion to dismiss is granted because the factual allegations of the complaint show he is protected from suit by absolute judicial immunity. With respe ct to all claims dismissed, those claims are dismissed without prejudice. Plaintiff, if she can plead facts consistent with Rule 11 of the Federal Rules of Civil Procedure, may file a motion to amend her complaint. Signed by Judge Joy Flowers Conti on 2/10/2011. (cal )