LEBER v. DOE

LEBER v. DOE

Plaintiff:	RONALD LEBER
Defendant:	JOHN DOE
Case Number:	2:2016cv00817
Filed:	June 15, 2016
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
County:	Allegheny
Presiding Judge:	Nora Barry Fischer
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 18, 2016	Filing 14 ORDER indicating that Defendant Timothy Scott Kreger's Motion to Dismiss (Amended Complaint) 10 is granted, in part, and denied, in part. Defendant's Motion to Dismiss Plaintiff's § 1983 excessive force claim at Count I is denie d as the Court finds that Plaintiff has set forth sufficient allegations to state a plausible claim that Officer Kreger's actions in directing Plaintiff to remain in his car and thereafter intentionally slamming the car door, causing injury to h is arm, constituted an actionable seizure under Third Circuit jurisprudence; that Defendant shall file his Answer to the remaining claims in Plaintiff's Amended Complaint (Count I - § 1983 excessive force; and Count II battery), by 11/1/16. Signed by Judge Nora Barry Fischer on 10/18/16. (jg)

Date Filed

Document Text

October 18, 2016

Filing 14 ORDER indicating that Defendant Timothy Scott Kreger's Motion to Dismiss (Amended Complaint) 10 is granted, in part, and denied, in part. Defendant's Motion to Dismiss Plaintiff's § 1983 excessive force claim at Count I is denie d as the Court finds that Plaintiff has set forth sufficient allegations to state a plausible claim that Officer Kreger's actions in directing Plaintiff to remain in his car and thereafter intentionally slamming the car door, causing injury to h is arm, constituted an actionable seizure under Third Circuit jurisprudence; that Defendant shall file his Answer to the remaining claims in Plaintiff's Amended Complaint (Count I - § 1983 excessive force; and Count II battery), by 11/1/16. Signed by Judge Nora Barry Fischer on 10/18/16. (jg)

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Plaintiff: RONALD LEBER
Represented By:	Martell Harris
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Defendant: JOHN DOE
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