Fought v. City of Wilkes-Barre, Pennsylvania et al
Joshua Fought |
City of Wilkes-Barre, Pennsylvania, Tony George, Marcella Lendacky and Joseph Homza |
3:2017cv01825 |
October 6, 2017 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
Columbia |
Robert D. Mariani |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 61 ORDER granting in part and denying in part 41 Motion to Dismiss for Failure to State a Claim. Defendants Motion to Dismiss Plaintiffs Second Amended Complaint (Doc. 41) is DENIED except as stated in paragraph 2 for the reasons set out in the simul taneously filed Memorandum Opinion.Defendants Motion is GRANTED AS MODIFIED insofar as Count XI (42 U.S.C. § 1983 Custom and Policy) and Count XII (Negligent Hiring) are DISMISSED WITHOUT PREJUDICE. Plaintiffs are granted leave to file an amende d complaint addressing the deficiencies found in the claims dismissed without prejudice and incorporating all claims as to which the Court denied Defendants motion.Should Plaintiffs choose to file an amended complaint, they shall do so on or before June 26, 2020.Signed by Honorable Robert D. Mariani on 6/12/20 (jam) |
Filing 20 ORDER granting 19 Motion to Stay ; Signed by Honorable Robert D. Mariani on 11/14/017 (ep) |
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