KRISS et al v. FAYETTE COUNTY et al
| TERRY KRISS and DIANE KRISS |
| TERRY SHALLENBERGER, VINCENT ZAPOTOSKY, SARA ROSIEK, FAYETTE COUNTY, THE FAYETTE COUNTY AIRPORT AUTHORITY and VINCENT VICITES |
| 2:2011cv00057 |
| January 18, 2011 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Fayette |
| Cathy Bissoon |
| David S. Cercone |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
49
MEMORANDUM ORDER granting in part and denying in part 24 Defendants Fayette County, Sara Rosiek, Vincent Vicites, and Vincent Zapotosky's Motion to Dismiss; 26 Defendant Terry Shallenberger's Motion to Dismiss and 28 Defendant Fayette County Airport Authority's Motion to Dismiss. Plaintiffs' substantive due process claim (Count 1) is dismissed with prejudice. To the extent plaintiff's First Amendment retaliation claim(s) (Count 2) is based upon alleged unconstitut ional conduct prior to January 18, 2009, it is dismissed with prejudice. Plaintiff's remaining claims are dismissed without prejudice. Plaintiffs are granted leave to file an Amended Complaint on or before November 14, 2011. This ruling is without prejudice to the appropriate defendant(s) raising any applicable defense or ground for dismissal in a responsive pleading. Signed by Judge David S. Cercone on 10/27/11. (mwm)
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