MCCULLERS v. COMMONWEALTH OF PENNSYLVANIA et al
| KEVIN MCCULLERS |
| COMMONWEALTH OF PENNSYLVANIA, LEHIGH COUNTY, CITY OF ALLENTOWN, LEHIGH COUNTY CONSTABLES ASSOCIATION, HOWARD ALTEMOS, CARLOS ROBERTO BERNARDI and JOHN DOES |
| 5:2015cv03732 |
| July 6, 2015 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Lehigh |
| JOSEPH F. LEESON |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
108
ORDER THAT DEFENDANT CONTINO'S MOTION TO DISMISS, ECF NO. 82, AND SUPPLEMENTAL MOTION TO DISMISS, ECF NO. 86, ARE GRANTED. ALL OF PLAINTIFFS CLAIMS AGAINST CONTINO ARE DISMISSED. CONTINO IS TERMINATED AS A DEFENDANT IN THIS ACTION. DEFEND ANT ALTEMOSS MOTION TO DISMISS, ECF NO. 83, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. PLAINTIFF'S EQUAL PROTECTION/RACE DISCRIMINATION CLAIM AGAINST ALTEMOS IS DISMISSED. B. ANY REFERENCES TO ALTEMOS IN PARAGRAPHS 42 AND 66 OF THE SECOND AMENDED COMPLAINT, ECF NO. 79, ARE STRICKEN. C. THE MOTION IS DENIED IN ALL OTHER RESPECTS. DEFENDANT BERNARDI'S MOTION TO DISMISS, ECF NO. 84, IS WITHDRAWN. SEE ECF NO. 106 (PRAECIPE TO WITHDRAW). DEFENDANT CONTINOS MOTION TO DISMISS LEHIGH COUNTYS CROSSCLAIMS, ECF NO. 91, IS GRANTED. CONTINO IS TERMINATED AS A CROSS DEFENDANT IN THIS ACTION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/11/18. 7/12/18 ENTERED AND COPIES E-MAILED.(er, )
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Filing
71
ORDER THAT THE MOTIONS TO DISMISS FILED BY THE CITY OF ALLENTOWN, ECF NO. 28, LEHIGH COUNTY, ECF NO. 30, CARLOS ROBERTO BERNARDI, ECF NO. 41, AND THE COMMONWEALTH OF PENNSYLVANIA AND FRED J. CONTINO, ECF NO. 50, ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. ANY FIRST AMENDMENT CLAIMS ARE DISMISSED WITH PREJUDICE. B. PLAINTIFFS FOURTEENTH AMENDMENT CLAIMS FOR VIOLATION OF HIS DUE PROCESS RIGHTS ARE DISMISSED WITH PREJUDICE, ETC. THE CLERK OF COURT SHALL TRANSFER THE ABOVE-CAPTIONED ACTION TO THE CIVIL SUSPENSE DOCKET, AND MARK THE CASE CLOSED FOR STATISTICAL PURPOSES, ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/30/16. 6/30/16 ENTERED AND COPIES E-MAILED.(er, )
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