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Yeagley v. Kisel

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 29, 2007

TINA YEAGLEY, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BETTY WALTERMEYER, ET AL., PLAINTIFFS
v.
DANIEL KISEL, INDIVIDUALLY AND AS AN OFFICER OF THE PENNSYLVANIA STATE POLICE, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

ORDER

AND NOW, this 29th day of March, 2007, upon consideration of the motion (Doc. 5), filed by defendants Daniel Kisel and Joseph Kalis, to dismiss plaintiffs' wrongful death and survival claims on grounds of sovereign immunity, see 1 PA. CONS. STAT. ANN. § 2310 ("[I]t is hereby declared to be the intent of the General Assembly that the Commonwealth . . . shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except as the General Assembly shall specifically waive immunity."), and it appearing that plaintiffs concur in the dismissal of any wrongful death or survival claims asserted under Pennsylvania law (see Doc. 8 at 3 n.1), it is hereby ORDERED that the motion to dismiss (Doc. 5) is GRANTED in part as follows:

1. Plaintiffs' wrongful death and survival claims against defendants Daniel Kisel and Joseph Kalis are DISMISSED to the extent that such claims are asserted under Pennsylvania law.

2. The motion to dismiss (Doc. 5) is otherwise DENIED.

20070329

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