KAROLSKI v. CITY OF ALIQUIPPA et al

Filing 42

ORDER GRANTING 29 Motion to Dismiss/Lack of Jurisdiction filed by COMMONWEALTH OF PENNSYLVANIA, ARSON INVESTIGATION STATE POLICE ("Commonwealth Defendants"), and GRANTING 32 Motion to Dismiss for Failure to State a Claim filed b y DAVIS, DON COUCH, CITY OF ALIQUIPPA, STEPHEN ROBERTS ("City Defendants"). Commonwealth Defendants are hereby dismissed from this action without prejudice for lack of subject matter jurisdiction, and Plaintiff is denied leave to ame nd his allegations against them. Plaintiff may file a single, stand-alone Second Amended Complaint on or before 1/20/2017 restating his allegations against Roberts, Davis, and Couch, and amending his allegations against the City of Aliquippa ONLY with respect to his claims for wrongful arrest, malicious prosecution, and false imprisonment. All other claims against the City Defendants are dismissed with prejudice. Signed by Magistrate Judge Cynthia Reed Eddy on 12/22/2016. (bap)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CLIFFORD JOSEPH KAROLSKI,

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Plaintiff,
v.
CITY OF ALIQUIPPA, DETECTIVE
STEPHEN ROBERTS, CHIEF DAVIS,
ASST. CHIEF DON COUCH,
COMMONWEALTH OF
PENNSYLVANIA, ARSON
INVESTIGATOR STATE POLICE,
Defendants.

Civil Action No. 15-1101

United States Magistrate Judge
Cynthia Reed Eddy

ORDER
AND NOW, this 22nd day of December, 2016, upon consideration of the amended
complaint and the pending motions to dismiss, and in accordance with the foregoing
Memorandum Opinion, it is hereby ORDERED, as follows:
1. The Motion to Dismiss the Amended Complaint (ECF No. 29) filed by the Pennsylvania
State Police and the Arson Division of the Pennsylvania State Police (“Commonwealth
Defendants”) is GRANTED.

All claims against the Commonwealth Defendants in the

Amended Complaint (ECF No. 27) are DISMISSED without prejudice for lack of subject matter
jurisdiction.

Plaintiff is denied leave to amend his claims against the Commonwealth

Defendants, and Commonwealth Defendants are hereby dismissed from this action.
2. The Motion to Dismiss the Amended Complaint in Part (ECF No. 32) filed by the City of
Aliquippa, Detective Stephen (sic) Roberts, Chief Davis, and Asst. Chief Don Couch
(collectively “City Defendants”) is GRANTED, and the following claims against the City
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Defendants in the Amended Complaint (ECF No. 27) are DISMISSED: (a) failure to do due
diligence; (b) failure to provide Miranda rights; (c) slander; (d) deceit by law enforcement; (e)
police misconduct; (f) wrongful incarceration; and (g) abuse of process. Plaintiff is denied leave
to amend these claims, and said claims are dismissed with prejudice.
3. As to Defendant City of Aliquippa only, all remaining claims in the Amended Complaint
for wrongful arrest, malicious prosecution, and false imprisonment are DISMISSED without
prejudice.
4. Plaintiff may file a Second Amended Complaint, consistent with the Court’s
accompanying Memorandum Opinion, on or before January 20, 2017, amending his allegations
relating only to his claims for wrongful arrest, malicious prosecution, and false imprisonment
against the City of Aliquippa. The Second Amended Complaint shall be a single, stand-alone
document without reference to any other document filed in this case. Accordingly, in addition to
amending the allegations against the City of Aliquippa with respect to these three claims, it
should also restate the allegations against the individual Defendants Roberts, Davis, and Couch
as to these three claims. If Plaintiff does not file a Second Amended Complaint within this
timeframe, the Court will enter a separate Order dismissing the City of Aliquippa from this
action with prejudice.

By the Court:
s/ Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge

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cc:

CLIFFORD JOSEPH KAROLSKI
MQ 0691
SCI Camp Hill
P.O. Box 200
Camp Hill, PA 17001
All registered counsel via CM-ECF

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