CUNNINGHAM v. NORTH VERSAILLES TOWNSHIP et al
| CRAIG CUNNINGHAM |
| NORTH VERSAILLES TOWNSHIP, VINCENT DICENZO, THOMAS NEE, JAMES COMMUNALE, JOHN DOE, 1 and SCOTTSDALE INSURANCE COMPANY |
| 2:2009cv01314 |
| September 28, 2009 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| XX US, Outside State |
| Donetta W. Ambrose |
| None |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
21
MEMORANDUM OPINION and ORDER: For the reasons set forth in the accompanying opinion, it is hereby ORDERED that Defendants Motion to Dismiss 7 is GRANTED, in part and DENIED, in part. Defendants Motion as to Count I of Plaintiffs Complaint is grant ed. Plaintiffs claims for civil conspiracy pursuant to 42 U.S.C. §1983 are hereby dismissed, without prejudice. Defendants Motion as to Count II of Plaintiffs Complaint is granted. Plaintiffs claims against Defendant Township brought under 42 U.S.C. §1983 are dismissed, without prejudice. Defendants Motion as to Count IV of Plaintiffs Complaint is granted to the extent that Plaintiff has pled official capacity suits against Defendant Officers. To the extent that Plaintiff has pled official capacity suits against Defendant Officers, said claims are dismissed. Defendants Motion as to Count IV is denied to the extent that it seeks dismissal of Plaintiffs First, Fourth and Fourteenth Amendment claims. Plaintiff may file an amended complaint correcting the deficiencies noted herein by February 9, 2010. Signed by Judge Donetta W. Ambrose on 1/27/2010. (jlh )
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