WHITING v. BONAZZA et al
| GLORIA J. WHITING |
| LARRY A. BONAZZA, AMBER PRICE, GARY HAVELKA, SMITH TOWNSHIP and BURGETTSTOWN BOROUGH |
| 2:2009cv01113 |
| August 20, 2009 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Washington |
| Joy Flowers Conti |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
157
MEMORANDUM OPINION granting 110 DEFENDANT LARRY A. BONAZZA'S Motion for Summary Judgment; granting 113 DEFENDANT AMBER PRICE'S Motion for Summary Judgment; denying 137 PLAINTIFF GLORIA J. WHITING'S Motion for Summary Judgment as set forth more fully within. Signed by Judge Joy Flowers Conti on 3/14/2013. (cal )
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Filing
144
MEMORANDUM OPINION AND ORDER denying 103 Motion for Reconsideration. For the reasons set forth in the attached memorandum opinion and order, the court DENIES plaintiff's motion for reconsideration (ECF No. 103 ) of the court's prior memorandum order dismissing this case with prejudice with respect to claims against certain defendants (ECF No. 102 ).Signed by Judge Joy Flowers Conti on 7/19/2012. (tcg)
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Filing
102
MEMORANDUM OPINION AND ORDER granting 69 Motion to Dismiss; granting 72 Motion to Dismiss. As set forth in the attached memorandum opinion, all claims against defendants George Roberts and Bernie LaRue are hereby DISMISSED with prejudice. It is FURTHER ORDERED that the clerk shall terminate this case as to defendants George Roberts and Bernie LaRue. It is FURTHER ORDERED, ADJUDGED and DECREED that all claims against defendants Smith Township and Burgettstown Borough are hereby DISMISSED with prejudice. It is FURTHER ORDERED that the clerk shall terminate this case as to defendants Smith Township and Burgettstown Borough. Signed by Judge Joy Flowers Conti on 1/30/2012. (tcg)
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Filing
49
MEMORANDUM OPINION granting in part and denying in part 39 Motion to Dismiss filed by defendants Amber Price and Burgettstown Borough; granting in part and denying in part 43 Motion to Dismiss filed by defendants Larry A. Bonazza and Smith Townsh ip; and granting 9 Motion to Dismiss filed by defendant Gary Havelka. Municipal defendants' motions to dismiss are granted because plaintiff failed to plead sufficient facts from which the court could plausibly infer municipal liability. Pric e and Bonazza's motions to dismiss are granted in part and denied in part. Plaintiff's claims against Price and Bonazza for excessive force and unlawful arrest under the Fourth Amendment survive because the factual allegations are sufficie nt for the court to conclude that there are plausible claims for those violations. Havelka's motion to dismiss is granted because the factual allegations of the complaint show he is protected from suit by absolute judicial immunity. With respe ct to all claims dismissed, those claims are dismissed without prejudice. Plaintiff, if she can plead facts consistent with Rule 11 of the Federal Rules of Civil Procedure, may file a motion to amend her complaint. Signed by Judge Joy Flowers Conti on 2/10/2011. (cal )
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Filing
34
MEMORANDUM AND OPINION re 24 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) re 2 Complaint filed by AMBER PRICE, BURGETTSTOWN BOROUGH, 32 MOTION requesting Case Management Conference (Hearing) by GLORIA J. WHITING, 18 MOTION to Dismis s re 2 Complaint filed by LARRY A. BONAZZA, SMITH TOWNSHIP, 9 MOTION to Dismiss re 2 Complaint filed by GARY HAVELKA. Plaintiff failed to allege sufficient facts in her complaint for the court to conclude plausible claims are stated. The moti ons to dismiss are therefore granted, and the complaint is dismissed without prejudice. The court will grant plaintiff leave to amend the complaint. Plaintiff shall have thirty (30) days from the date of the entry of this opinion and the accompanying order to file an amended complaint. Plaintiffs motion requesting a case management conference is denied as moot. Signed by Judge Joy Flowers Conti on 7/2/2010. (bjk)
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