LEPRE v. LUKUS et al
| Gerald S. Lepre, Jr. |
| Paul S. Lukus, Christine Lukus, Forest City Police Department and Desiree L. Shifler-Ferraro |
| 3:2013cv00796 |
| March 27, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Outside State |
| Susan E. Schwab |
| Robert D. Mariani |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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Filing
133
ORDER 1. Plaintiffs Objections (Doc. 128, Doc. 129) are OVERRULED. 2. The Report &Recommendation (Doc. 127) is ADOPTED. 3. The Motions to Dismiss filed by Defendants Paul Lukus, Forest City Police Department, and Susquehanna County Defendants (Doc. 1 06, Doc. 107, Doc. 122) are GRANTED. 4. To the extent Plaintiffs Procedural and Substantive Due Process claims, Equal Protection claim, 42 U.S.C. § 1983 Conspiracy claim, and direct constitutional challenge to 23 Pa. Cons. Stat. § 4341 (b) are not barred for the reasons set forth inthe Report &Recommendation (the Rooker-Feldman doctrine or the absence of Monel/liability), they are DISMISSED for failure to state aclaim upon which relief can be granted. 5. Plaintiff is NOT granted leave to amend further.6. Plaintiff is on NOTICE that the Court is considering dismissing the two remaining defendants, Desiree Shifler-Ferraro and Christine Lukus for the reasons articulated in the attached Memorandum Opinion. a. ON OR BEFORE JANUARY 15, 2014, Plaintiff shall SHOW CAUSE why these defendants should not be dismissed. \Signed by Honorable Robert D. Mariani on 1/15/14. (jfg)
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Filing
96
MEMORANDUM OPINION resolving all pending motions. Signed by Judge David S. Cercone on 3/26/13. (mwm) [Transferred from Pennsylvania Western on 3/27/2013.]
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