Jannuzzi et al v. Council of the Borough of Edwardsville et al
| Michael A. Jannuzzi and Debra Jannuzzi |
| Council of the Borough of Edwardsville, The Borough of Edwardsville, Edwardsville Zoning Hearing Board, Ray King, James Hanky, Roland Roberts, John Sedeski, Leo Martin and Carol Brawley |
| 3:2009cv00970 |
| May 21, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| A. Richard Caputo |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
13
MEMORANDUM AND ORDER granting in part and denying in part 6 Motion to Dismiss. IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. 6) Plaintiff's Complaint is GRANTED IN PART and DENIED IN PART as follows: 1. Count III is DISM ISSED as to claims of procedural due process. 2. Count IV is DISMISSED. 3. Count V is DISMISSED as to any claims of defamation arising from statements prior to May 21, 2008. 4. Counts V and VI are DISMISSED as to Defendants the Borough of Edwar dsville, the Council of the Borough of Edwardsville, and the Edwardsville Zoning Hearing Board. 5. Count VII is DISMISSED as to Defendants King, Hanky, and Roberts. 6. All claims for punitive damages are DISMISSED against Defendants the Borough of Edwardsville, the Council of the Borough of Edwardsville, and the Edwardsville Zoning Hearing Board. Signed by Honorable A. Richard Caputo on 11/13/09 (jam, )
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