AGNELLO v. PAPE et al
JOSEPH S. AGNELLO |
PETER P. PAPE, JR., LARRY J. STRATIFF, JEFFERSON COUNTY, AN UNKNOWN BROOKVILLE POLICE DEPARTMENT OFFICER and AN UNKNOWN BROOKVILLE POLICE DEPARTMENT OFFICER BELIEVED TO BE OFFICER ROBERT C. BICKLE |
2:2010cv00870 |
June 30, 2010 |
US District Court for the Western District of Pennsylvania |
Pittsburgh Office |
Jefferson |
Donetta W. Ambrose |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 18 ORDER granting in part and denying in part 11 Motion to Dismiss; granting 14 Motion to Dismiss. And Now, this 21st day of December, 2010, after careful consideration and for the reasons set forth below, the Motions to Dismiss [Docket Nos. 11 and 14] are disposed of as follows: (1) Kevin Bickle's Motion to Dismiss (Docket No. 14 ) is granted in its entirety. The claims asserted against Bickle set forth in Count II of the Amended Complaint are dismissed, with prejudice. (2) Larry Stra tiff's and Jefferson County's Motion to Dismiss (Docket No. 11 ) is granted in part and denied in part. The 42 U.S.C. § 1983 claims asserted against Larry Stratiff set forth in Count I of the Complaint survive the Motion to Dismiss, but the § 1983 claims asserted against Jefferson County set forth in Count I of the Complaint are dismissed, without prejudice to file a Second Amended Complaint, by January 3, 2011, curing the deficiencies noted herein. The Motion to Dismiss is also granted, with prejudice, insofar as Plaintiff seeks the imposition of punitive damages against Jefferson County. Signed by Judge Donetta W. Ambrose on 12/21/10. (slh) |
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