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Albani v. United States

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


June 9, 2010

FRANCIS ALBANI, PLAINTIFF,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER

AND NOW, this 9th day of June, 2010, upon consideration of the Motion to Dismiss filed by the United States of America (the "United States"), the Department of Homeland Security (the "DHS"), Michael Chertoff ("Chertoff"), Edward S. "Kip" Hawley ("Hawley"), George E. Clisby ("Clisby"), Christine Pritchett-Griggs ("Pritchett-Griggs"), Leo Jackson ("Jackson") and Victoria Jones*fn1 ("Jones") (collectively, "Federal Defendants") (Doc. No. 6) and the Motion to Dismiss filed by Detective M. Wojciechowski ("Wojciechowski") (Doc. No. 4), and the Responses and Replies thereto, it is hereby ORDERED that:

(1) Federal Defendants' Motion is GRANTED IN PART AND DENIED IN PART;

(2) Wojciechowski's Motion is GRANTED;

(3) all of Plaintiff's claims against the United States, the DHS, Chertoff, Hawley, Clisby and Pritchett-Griggs are DISMISSED WITH PREJUDICE;

(4) all of Plaintiff's claims against Jackson and Jones, except for Plaintiff's Fourth Amendment claims, are DISMISSED WITH PREJUDICE;

(5) Plaintiff's Fourth Amendment claims against Jackson and Jones are DISMISSED WITHOUT PREJUDICE;

(6) Plaintiff is granted leave to file an Amended Complaint within twenty (20) days of the date of this Order; and

(7) nothing herein affects the viability of Plaintiff's Fourth Amendment claims against Wojciechowski insofar as the claims do not allege negligent conduct on the part of Wojciechowski.


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