| 2012-03-17 |
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MEMORANDUM AND ORDER 1. Defendant Mechanicsburg Area School District is DISMISSED WITH PREJUDICE from the case. 2. Defendants' (Freeland and Bitz) Motion to Dismiss (Doc. 13) is GRANTED IN PART AND DENIED IN PART. a.The motion to dismiss is GRAN TED WITH PREJUDICE with respect to Count III (malicious prosecution) under the Fourth and Fourteenth Amendments, but is DENIED with respect to Counts I and II (excessive force and retaliation).b. The defense of qualified immunity is DENIED WITHOUT PR EJUDICE. c.The request to dismiss the availability of punitive damages against Defendants Freeland Bitz is DENIED WITHOUT PREJUDICE. 3. Defendant Rissinger's Motion to Dismiss (Doc. 14) is GRANTED WITH PREJUDICE with respect to Count III (malici ous prosecution) under the Fourth and Fourteenth Amendments. Defendant Rissinger is hereby dismissed from the case as a defendant. 4. Plaintiffs have the right to aver astate law claim of malicious prosecution against Defendants Freeland, Bitz, and R issinger, which would be addressed to this Court's ancillary/supplemental jurisdiction. 5. Plaintiffs are granted leave to me an amended complaint stating acause of action for malicious prosecution under Pennsylvania law within TWENTY-ONE (21) DAYS of the date of this Order.Signed by Honorable Robert D. Mariani on 3/16/12. (jfg) |
2012-03-17 09:55:03 |
ceb78f23061665ff69337d86c43b11894ac4b875 |