O'Malley v. Lukowich et al
| Ryan O'Malley |
| Edward Lukowich and Borough of Avoca |
| 3:2008cv00680 |
| April 10, 2008 |
| US District Court for the Middle District of Pennsylvania |
| Civil Rights: Other Office |
| Luzerne |
| Unassigned2 |
| Plaintiff |
| Federal Question |
| 28:1331 Federal Question: Other Civil Rights |
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Filing
18
MEMORANDUM AND ORDER, Motions terminated: 12 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to F.R.C.P. 12(b)(6) filed by Borough of Avoca.IT IS HEREBY ORDERED that Defendant Borough of Avoca's Motion to Dismiss Plaintiff 's Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 12) is GRANTED IN PART and DENIED IN PART as follows: (1) Defendant's motion is GRANTED with respect to Counts I, II, III, and IV of the Amended Complaint (Doc. 8) to the extent these Counts seek remedies under state law. Plaintiff's claims for Pennsylvania remedies for federal constitutional violations in these Counts are DISMISSED. (2) Defendant's motion is GRANTED with respect to Counts I, II , III, IV and V of the Amended Complaint (Doc. 8) to the extent these Counts seek punitive damages against Defendant Borough of Avoca. Plaintiff's claims for punitive damages in these Counts are DISMISSED. (3) Defendant's motion is GRANTE D with respect to Plaintff's claim for violation of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution presented in Count I of the Amended Complaint (Doc. 8). This claim is DISMISSED. (4) Defendant's motion is DENIED in all other respects. Signed by Honorable A. Richard Caputo on 11/7/08. (jam, )
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