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Banegas v. Hampton

April 22, 2009

MARIO BANEGAS, PLAINTIFF
v.
JOHN HAMPTON ET AL., DEFENDANTS



The opinion of the court was delivered by: Stengel, J.

ORDER

AND NOW, this 22d day of April, 2009, upon consideration of the Motion to Dismiss (Document #5), it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART as follows:

1. The motion to dismiss the claims contained in Count V against Warden D. Edward McFadden in his official capacity is GRANTED. Those claims are hereby DISMISSED;

2. The motion to dismiss the claims contained in Count V against the County of Chester, the Chester County Prison Board, and Warden D. Edward McFadden in his personal capacity is DENIED.

LAWRENCE F. STENGEL, J.

20090422

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