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Labar v. Alercia

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


September 30, 2010

DANIEL LABAR, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JOLENE LABAR PLAINTIFFS
v.
OFFICER JAMES T. ALERCIA, ET AL. DEFENDANTS

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

OPINION

ORDER

AND NOW, this 30th day of September, 2010, upon consideration of motion of defendants for partial dismissal under Federal Rule of Civil Procedure 12(b)(6) (Doc. # 6), Defendants Borough of Wilson, Chief Richard Nace, Mayor David Purusso, Karen Lohrman, Officer Michael Potope, and John Does 1-10's motion to partially dismiss (Doc. # 17), and all responses and replies to the motions, and following an August 27, 2010 oral argument, it is hereby ORDERED that:

1. The motions are GRANTED for the reasons set forth in the accompanying memorandum;

2. Count I, count II, count III, count VI, count VII, count VIII, count IX, and count XII are dismissed; and

3. Plaintiff's request for punitive damages and declaratory and injunctive relief are dismissed.

20100930

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