BURNS v. DICHTER et al
MELISSA M. BURNS |
HARRIET DICHTER and RAYMOND S. HART |
2:2010cv00522 |
April 24, 2010 |
US District Court for the Western District of Pennsylvania |
Pittsburgh Office |
Allegheny |
Nora Barry Fischer |
Other Civil Rights |
28 U.S.C. ยง 1331 |
None |
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Document Text |
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Filing 27 MEMORANDUM OPINION indicating that, for reasons stated within, 20 Defendants' motion to dismiss will be granted with respect to Burns' official-capacity claims against the Secretary and her substantive due process claim against Hart. The motion will be denied with respect to Burns' procedural due process claim against Hart. Since Burns lacks standing to seek prospective relief, the Secretary will be dismissed as a party to this case. Burns remains free to demonstrate that she was deprived of concrete property interests in addition to the reputation-based liberty interest discussed earlier. Hart remains free to assert his entitlement to qualified immunity at a later stage in this litigation. An appropriate order follows. Signed by Judge Nora Barry Fischer on 3/4/11. (jg) |
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