A.J. v. LANCASTER COUNTY et al

A.J. v. LANCASTER COUNTY et al

Case Number:	5:2019cv01768
Filed:	October 11, 2019
Court:	US District Court for the Eastern District of Pennsylvania
Office:	Allentown Office
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act

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Date Filed	Document Text
December 23, 2019	Filing 37 ORDER THE MOTION TO DISMISS, ECF NO. 30, IS GRANTED. THE MOTION TO DISMISS AND MOTION TO STRIKE, ECF NO. 31, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE REQUEST TO DISMISS IS GRANTED. B. THE REQUEST TO STRIKE IS DENIED AS MOOT. PLAINTIFF'S SECOND AMENDED COMPLAINT, ECF NO. 29, IS DISMISSED WITH PREJUDICE. THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/23/19. 12/24/19 ENTERED AND COPIES E-MAILED.(er, )
October 11, 2019	Filing 28 ORDER OF 10/11/2019 THAT THE DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, ECF NO. 21, IS GRANTED AS FOLLOWS: a. THE FOLLOWING CLAIMS ARE DISMISSED WITH PREJUDICE: 1981, 1985, FIFTH AMENDMENT, SIXTH AMENDMENT, SEVENTH AMENDMENT, CL AIMS AGAINST INDIVIDUAL DEFENDANTS, MALICIOUS PROSECUTION/ABUSE OF PROCESS, AND ARTICLE 1 SECTION 1 OF THE PENNSYLVANIA CONSTITUTION. b. THE FOLLOWING CLAIMS ARE DISMISSED WITHOUT PREJUDICE: MONELL CLAIM FOR FAILURE TO TRAIN, MONELL CLAIM FOR POLICY OR CUSTOM, FIRST AMENDMENT, FOURTH AMENDMENT, FOURTEENTH AMENDMENT. THE MOTION TO DISMISS AND MOTION TO STRIKE PLAINTIFF'S COMPLAINT IN ITS ENTIRETY, ECF NO. 22, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: a. THE MOTION TO DISMISS PORTION IN ECF NO. 22 IS GRANTED. SEE SECTION 1 OF THIS ORDER HEREINABOVE. b. THE MOTION TO STRIKE PORTION IN ECF NO. 22 IS DENIED AS MOOT. PLAINTIFF'S AMENDED COMPLAINT, ECF NO. 15, IS DISMISSED; AND PLAINTIFFS SHALL HAVE TWENTY-ONE DAYS FROM THE DATE OF THIS ORDER TO FILE AN AMENDED COMPLAINT AS TO ANY CLAIMS THAT WERE DFISMISSED WITHOUT PREJUDICE IN ACCORDANCE WITH THE OPINION ISSUED THIS DATE. SIGNED BY JUDGE:JOSEPH F. LEESON JR ON 10/11/2019. 10/11/19 ENTERED AND COPIES E-MAILED. (DT)

Date Filed

Document Text

December 23, 2019

Filing 37 ORDER THE MOTION TO DISMISS, ECF NO. 30, IS GRANTED. THE MOTION TO DISMISS AND MOTION TO STRIKE, ECF NO. 31, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE REQUEST TO DISMISS IS GRANTED. B. THE REQUEST TO STRIKE IS DENIED AS MOOT. PLAINTIFF'S SECOND AMENDED COMPLAINT, ECF NO. 29, IS DISMISSED WITH PREJUDICE. THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/23/19. 12/24/19 ENTERED AND COPIES E-MAILED.(er, )

October 11, 2019

Filing 28 ORDER OF 10/11/2019 THAT THE DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, ECF NO. 21, IS GRANTED AS FOLLOWS: a. THE FOLLOWING CLAIMS ARE DISMISSED WITH PREJUDICE: 1981, 1985, FIFTH AMENDMENT, SIXTH AMENDMENT, SEVENTH AMENDMENT, CL AIMS AGAINST INDIVIDUAL DEFENDANTS, MALICIOUS PROSECUTION/ABUSE OF PROCESS, AND ARTICLE 1 SECTION 1 OF THE PENNSYLVANIA CONSTITUTION. b. THE FOLLOWING CLAIMS ARE DISMISSED WITHOUT PREJUDICE: MONELL CLAIM FOR FAILURE TO TRAIN, MONELL CLAIM FOR POLICY OR CUSTOM, FIRST AMENDMENT, FOURTH AMENDMENT, FOURTEENTH AMENDMENT. THE MOTION TO DISMISS AND MOTION TO STRIKE PLAINTIFF'S COMPLAINT IN ITS ENTIRETY, ECF NO. 22, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: a. THE MOTION TO DISMISS PORTION IN ECF NO. 22 IS GRANTED. SEE SECTION 1 OF THIS ORDER HEREINABOVE. b. THE MOTION TO STRIKE PORTION IN ECF NO. 22 IS DENIED AS MOOT. PLAINTIFF'S AMENDED COMPLAINT, ECF NO. 15, IS DISMISSED; AND PLAINTIFFS SHALL HAVE TWENTY-ONE DAYS FROM THE DATE OF THIS ORDER TO FILE AN AMENDED COMPLAINT AS TO ANY CLAIMS THAT WERE DFISMISSED WITHOUT PREJUDICE IN ACCORDANCE WITH THE OPINION ISSUED THIS DATE. SIGNED BY JUDGE:JOSEPH F. LEESON JR ON 10/11/2019. 10/11/19 ENTERED AND COPIES E-MAILED. (DT)

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