Long et al v. Lebanon County Children & Youth Services et al
| Philip Long and Michele Long |
| Lebanon County Children & Youth Services, James Holtry, Sue Maulfair, Robert Sutherly, Lebanon County and John Does 1-10 |
| 1:2009cv00602 |
| April 2, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Civil Rights: Other Office |
| Lebanon |
| Sylvia H. Rambo |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
28
MEMORANDUM AND ORDER granting in part and denying in part dfts' Motion to Dismiss 10 : (1) GRANTED as to Pltfs claims for a violation of their substantive due process rights, a violation of Pennsylvanias Dragonetti Act,as well as all claims aga inst Lebanon County and the individual Dfts in theirofficial capacities. These claims are dismissed against these parties.(2) DENIED in all other respects.It is FURTHER ORDERED THAT Pltfs claims under the Fourth Amendment of the US Constitution and P ltfs claims under Pennsylvanias constitution are dismissed sua sponte because Pltfs have failed to plead sufficient facts supporting either of these claims. However, as to these claims, the court will entertain a motion by Pltfs to further amend thei r complaint. If Pltfs wish to assert these claims they must file a motion to amend their complaint within fifteen days from the date of this order, and they must specify in their motion the precise nature of their alleged Fourth Amendment claims, and their claims under Pennsylvanias Constitution. Furthermore, Pltfs must attach a proposed second amended complaint fully setting forth the nature of their claims under the Fourth Amendment and Pennsylvania Constitution. If no such motion is filed, the court will deem Pltfs to have abandoned these claims.Signed by Honorable Sylvia H. Rambo on 01/24/09 (ma, )
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