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MOORE v. VANGELO

United States District Court, E.D. Pennsylvania


February 12, 2004.

DEVIN LAROY MOORE, Plaintiff,
v.
SERGEANT MICHAEL VANGELO, individually and in his official capacity as a member of the Easton Police Department, SERGEANT MICHAEL WESTON, individually and in his official capacity as a member of the Easton Police Department, OFFICER JOHN DOE, individually and in his official capacity as a member of the Easton Police Department, CHIEF LAWRENCE PALMER, individually and in his official capacity as a member of the Easton Police Department, MAYOR THOMAS F. GOLDSMITH, individually and in his official capacity as Mayor of the City of Easton, THE CITY OF EASTON, Defendants

The opinion of the court was delivered by: FRANKLIN VAN ANTWERPEN, District Judge

ORDER

AND NOW, this 12th day of February, 2004, upon consideration of Defendants' Partial Motion To Dismiss And Motion To Strike Immaterial, Impertinent, And Scandalous Material, filed on October 24, 2003, Plaintiff's Brief In Opposition To Defendants' Partial Motion To Dismiss And Motion To Strike Immaterial, Impertinent, And Scandalous Material, filed on December 22, 2003, and Defendants' Reply To Plaintiff's Response To Defendants' Partial Motion To Dismiss And Motion to Strike Immaterial, Impertinent, And Scandalous Material, filed on January 16, 2004, it is hereby ORDERED, consistent with the foregoing opinion, that:

1. Defendants' Partial Motion To Dismiss is GRANTED-IN-PART and DENIED-IN-PART as follows:

 

A. All claims asserted against the individual Defendants Vangelo, Weston, Doe, Palmer, and Goldsmith in their official capacities are DISMISSED WITH PREJUDICE;
B. Count I, asserted against Defendant City of Easton and the individual Defendants Vangelo, Weston, Doe, Palmer and Goldsmith in their personal capacities is DISMISSED
IN PART only insofar as Count 1 is based on the negligent actions of Defendants;
C. Counts IV and V are DISMISSED WITH PREJUDICE;
D. Count II is DISMISSED as asserted against Defendant City of Easton;
E. Defendants' Motion To Dismiss all claims asserted against Defendant Weston is DENIED.
  2. Defendants' Motion To Strike Immaterial, Impertinent, And Scandalous Material is DENIED.

  3. Defendants' Request For Costs And Fees is DENIED.

20040212

© 1992-2004 VersusLaw Inc.



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