Sheare et al v. Borough of Olyphant et al
| Jacqueline Sheare and Trevor R. Sheare |
| Borough of Olyphant and Lewis Kline |
| 3:2011cv01639 |
| August 31, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| A. Richard Caputo |
| Other Civil Rights |
| 42 U.S.C. ยง 1981 |
| Both |
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Filing
25
ORDER re 24 Memorandum (Order to follow as separate docket entry). IT IS HEREBY ORDERED that Defendants Motion to Dismiss Plaintiffs Amended Complaint (Doc. 15) is GRANTED in part and DENIED in part.(1) Defendants Motion to Dismiss Count Two is GRANTED and the Monell claim is DISMISSED with prejudice.(2) Defendants Motion to Dismiss Count Three is GRANTED and the Abuse of Process claim is DISMISSED with prejudice.(3) The Motion to Dismiss is otherwise DENIED. Plaintiffs may proceed on the 42 U.S.C. § 1983 False Arrest claim, the Intentional Infliction of Emotional Distress claim, and the Loss of Consortium claim. Signed by Honorable A. Richard Caputo on 6/29/12. (jam, )
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Filing
13
MEMORANDUM AND ORDER granting 7 Motion to Dismiss. Plaintiffs have 21 days to amend their complaint. If they do not, it will be DISMISSED with prejudice. Signed by Honorable A. Richard Caputo on 1/18/12 (jam, )
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