NELSON v. ALLEGHENY COUNTY et al

Filing 40

ORDER denying 25 Defendants' Motion to Dismiss. Signed by Judge Arthur J. Schwab on 11/29/2017. (lmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DEBRA NELSON individually and on behalf
of all persons similarly situated,
17cv1202
ELECTRONICALLY FILED

Plaintiff,
v.
ALLEGHENY COUNTY, ORLANDO
HARPER Warden of the Allegheny County
Jail,
Defendants.

ORDER OF COURT
Before the Court is Defendants’ Motion to Dismiss Plaintiffs’ Amended Complaint and
Brief in support of same. ECF 25 and ECF 26. The Brief argues that the Amended Complaint
fails to assert a cause of action and, thus, should be dismissed under Federal Rule of Civil
Procedure 12(b)(6).
Plaintiffs, in their Response to the Motion to Dismiss, countered with facts extrapolated
from the Amended Complaint. ECF 38. Based upon the facts asserted in the Amended
Complaint, all of which this Court must accept as true at this juncture of the legal proceedings,
the Court hereby DENIES Defendants’ Motion to Dismiss.
SO ORDERED, this 29th day of November, 2017.
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc:

All ECF Registered Counsel of Record