WHITE v. BROMMER et al
| BRIAN WHITE |
| JACK BROMMER and BOROUGH OF COLUMBIA |
| 5:2009cv04353 |
| September 24, 2009 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Lancaster |
| JAMES KNOLL GARDNER |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
46
OPINION ORDER THAT THE MOTION OF DEFENDANTS FOR SUMMARY JUDGMENT IS GRANTED.IT IS FURTHER ORDERED THAT PLAINTIFFS MOTION FOR SUMMARY JUDGMENT IS DENIED.IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS JACK BROMMER, BOROUGH OF COL UMBIA AND MATTHEW LEDDY AND AGAINST PLAINTIFF BRIAN WHITE ON PLAINTIFFS AMENDED COMPLAINT. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 8/16/11. 8/17/11 ENTERED AND COPIES E-MAILED.(mas, )
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Filing
18
ORDER THAT DEFENDANTS' MOTION TO PARTIALLY DISMISS PLAINTIFF'S COMPLAINT IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT DEFENDANTS' MOTION TO DISMISS COUNT I OF PLAINTIFF'S COMPLAINT ALLEGING UNCONSTITUTIONAL SE IZURE, COUNT II ALLEGING MALICIOUS PROSECUTION, COUNT V ALLEGING TORTIOUS INTERFERENCE WITH A CONTRACTUAL RELATIONSHIP, AND COUNT VI ALLEGING DEFAMATION, IS DENIED. IT IS FURTHER ORDERED THAT THE MOTION OF DEFENDANT BOROUGH OF COLUMBIA TO DISMISS COU NT III OF PLAINTIFF'S COMPLAINT ALLEGING INTENTIONAL DISCRIMINATION IN REGARD TO PLAINTIFF'S RIGHT TO CONTRACT IS GRANTED. IT IS FURTHER ORDERED THAT COUNT III AGAINST DEFENDANT BOROUGH OF COLUMBIA IS DISMISSED FROM PLAINTIFF'S COMPLAI NT. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL OCTOBER 22, 2010 TO FILE AN AMENDED COMPLAINT TO CLEARLY AVER THE FACTUAL AND LEGAL BASIS FOR A "FAILURE TO TRAIN" MONELL CLAIM AGAINST DEFENDANT BOROUGH OF COLUMBIA IN COUNT III. IT IS FURTHER ORDERED THAT THE CLAIMS IN COUNT III OF PLAINTIFF'S COMPLAINT AGAINST DEFENDANT JACK BROMMER ALLEGING INTENTIONAL DISCRIMINATION IN REGARD TO PLAINTIFF'S RIGHT TO CONTRACT SHALL REMAIN IN PLAINTIFF'S COMPLAINT. IT IS FURTHE R ORDERED THAT THE MOTION OF DEFENDANT JACK BROMMER TO DISMISS COUNT IV OF PLAINTIFF'S COMPLAINT ALLEGING INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS IS GRANTED. IT IS FURTHER ORDERED THAT COUNT IV AGAINST ONLY DEFENDANT JACK BROMMER IS DISMISS ED FROM PLAINTIFF'S COMPLAINT. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL OCTOBER 22, 2010 TO FILE AN AMENDED COMPLAINT TO CLEARLY AVER WHAT PHYSICAL HARM HE SUFFERED, IF ANY, BECAUSE OF THE ALLEGED OUTRAGEOUS CONDUCT OF DEFENDANT JACK BROMMER. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/2010. 9/30/2010 ENTERED AND COPIES MAILED AND E-MAILED.(lbs, )
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