AIRGOOD v. THE TOWNSHIP OF PINE et al
| CHRISTOPHER AIRGOOD |
| THE TOWNSHIP OF PINE, CLYDE MOORE, THE BOROUGH OF WORTHNGTON and KEVIN FEENEY |
| 2:2014cv01249 |
| September 12, 2014 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Jefferson |
| Cathy Bissoon |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
46
ORDER. For the reasons stated more fully in the Memorandum filed herewith, the Motion to Partially Dismiss Amended Complaint filed by Defendants Township of Pine and Clyde Moore (Doc. 33 ) is GRANTED IN PART and DENIED IN PART. The motion (Doc. [33 ]) is DENIED insofar as it seeks dismissal of: (a) Plaintiff's request for punitive damages against Moore in his individual capacity, as set forth in Count III of the Amended Complaint; (b) Plaintiff's claim against Moore, in his individua l capacity, for alleged tortious interference with business relations, as set forth in Count IV of the Amended Complaint; and (c) Plaintiff's claim against Moore, in his individual capacity, for alleged conversion, as set forth in Count V of the Amended Complaint. In all other respects, the motion (Doc. 33 ) is GRANTED. The Motion of Defendants Worthington Borough and Kevin Feeney to Partially Dismiss Plaintiff's Amended Complaint and Motion to Strike Portions of the Amended Complai nt (Doc. 35 ) is GRANTED IN PART and DENIED IN PART. The motion to dismiss (Doc. 35 ) is DENIED insofar as it seeks dismissal of: (a) Plaintiff's claim against Feeney, in his individual capacity, for alleged tortious interference with busine ss relations, as set forth in Count IV of the Amended Complaint; and (b) Plaintiff's claim against Feeney, in his individual capacity, for alleged conversion, as set forth in Count V of the Amended Complaint. In all other respects, the motion t o dismiss (Doc. 35 ) is GRANTED. The Defendants' motion to strike portions of the Amended Complaint (Doc. 35 ) is DENIED. Consistent with the foregoing, the following claims are hereby DISMISSED WITH PREJUDICE: Plaintiff's claims under 42 U.S.C. § 1983 for punitive damages against the Township of Pine (Counts I and II); Plaintiff's Section 1983 claims against Defendants Clyde Moore and/or Kevin Feeney in their official capacities (Count III); Plaintiff's Section 198 3 claim for conspiracy to deprive him of personal property taken from his private locker, without due process of law (Count III); Plaintiff's Section 1983 claims for conspiracy to violate provisions of the Pennsylvania Sunshine Law (Count III); Plaintiff's Section 1983 claim for conspiracy to deprive him of a protected property interest in his job, without due process of law (Count III); Plaintiff's claim under Pennsylvania law for conspiracy to violate provisions of the Pennsylva nia Sunshine Law (Count III); Plaintiff's claims against the Borough of Worthington and the Township of Pine for tortious interference with a business relation (Count IV); Plaintiff's claims against the Borough of Worthington and the Towns hip of Pine for conversion (Count V); Plaintiff's claims against Defendants Moore and Feeney, in their official capacities, for tortious interference with a business relation (Count IV); and Plaintiff's claims against Defendants Moore and Feeney, in their official capacities, for conversion (Count V). IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 3/30/16. (rld)
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Filing
30
ORDER. For the reasons stated in the Memorandum filed contemporaneously herewith, Defendants Kevin Feeney and the Borough of Worthington's Motion to Dismiss (Doc. 9 ) is GRANTED IN PART and DENIED IN PART. To the extent that Plaintiff alleges that Kevin Feeney, in his individual capacity, conspired with Clyde Moore, in his individual capacity, to violate Plaintiff's Fourth Amendment right to be free from unreasonable search and seizure, the Motion to Dismiss (Doc. 9 ) is DENIED. I n every other respect, the Motion to Dismiss (Doc. 9 ) is GRANTED. Defendants Clyde Moore and the Township of Pine's Motion to Dismiss (Doc. 15 ) is GRANTED IN PART and DENIED IN PART. To the extent that Plaintiff alleges that Clyde Moore, i n his individual capacity, conspired with Kevin Feeney, in his individual capacity, to violate Plaintiff's Fourth Amendment right to be free from unreasonable search and seizure, the Motion to Dismiss (Doc. 15 ) is DENIED. In every other respe ct, the Motion to Dismiss (Doc. 15 ) is GRANTED.Specifically, the following claims are hereby DISMISSED WITH PREJUDICE: all of Plaintiff's § 1983 claims as alleged against Clyde Moore and Kevin Feeney in their official capacities; Plainti ff's § 1983 Fourteenth Amendment (Count I) claim for loss of property without due process of law; Plaintiff's § 1983 Fourteenth Amendment (Count II) claim for conspiracy to deprive him of property without due process of law; and Plaintiff's § 1983 claim alleging a violation of the Pennsylvania Sunshine Act (Count II).The following claims are hereby DISMISSED WITHOUT PREJUDICE to Plaintiff filing an amended complaint, if appropriate: Plaintiff's § 1983 Fo urteenth Amendment claim (Count I), to the extent that Plaintiff alleges a constitutional property interest in his job pursuant to statute or contract; Plaintiff's § 1983 Fourth Amendment claim (Count I); Plaintiff's § 1983 Fourte enth Amendment conspiracy claim (Count II), to the extent that Plaintiff alleges a constitutional property interest in his job pursuant to statute or contract; Plaintiff's § 1983 Fourth Amendment conspiracy claim (Count II) as against Defen dants Pine Township and/or the Borough of Worthington; and Plaintiff's claim for tortious interference with business relations (Count III). Plaintiff's amended complaint is due on or before July 13, 2015. Failure to file an amended complaint by this date will result in these claims being dismissed with prejudice. Defendants Kevin Feeney and the Borough of Worthington's Motion for Sanctions Against Plaintiff and Plaintiff's Counsel (Doc. 11 ) is DENIED. Defendants Clyde Moore and the Township of Pine's Motion for Sanctions (Doc. 13 ) is DENIED.IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 7/2/15. (rld)
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