IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
July 14, 2009
FRANKLIN VEGA, ET AL. PLAINTIFFS
COLUMBIA BOROUGH, ET AL. DEFENDANTS
The opinion of the court was delivered by: Thomas M. Golden, J.
AND NOW, this 14th day of July, 2009, upon consideration of the Defendants' Motion to Dismiss, (Doc. No. 10), and the parties' moving papers, the Motion is GRANTED IN PART and DENIED IN PART. It is hereby ORDERED*fn1 that:
1. Columbia Borough Police Department is DISMISSED as a party to this civil Action, by stipulation of the parties;
2. Counts two and three are limited to alleged violations of the Fourth Amendment, actionable here through 42 U.S.C. § 1983, by stipulation of the parties;
3. Count Four is DISMISSED, by stipulation of the parties;
4. Count Six is DISMISSED, by order of the Court; and
5. All other claims against the remaining Defendants survive the instant Motion to Dismiss, including the claims asserted against Columbia Borough in counts two and three.