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William Anthony Eldridge v. Officer Matthew Diehl

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


February 2, 2011

WILLIAM ANTHONY ELDRIDGE, PLAINTIFF,
v.
OFFICER MATTHEW DIEHL, CITY OF ALLENTOWN, SGT. JOHN HILL, OFFICER PATRICK BULL, AND JOHN DOE, DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 1st day of February, 2011, upon consideration of Defendants Officer Matthew Diehl, the City of Allentown, Sergeant John Hill, and Officer Patrick Bull's Motion to Dismiss Plaintiff William Anthony Eldridge's Complaint (Docket No. 12), and Plaintiff's Response in Opposition and Motion to Amend the Complaint (Docket No. 13), it is hereby ORDERED as follows:

1. Moving Defendants' Motion to Dismiss Plaintiff's claim of illegal search and seizure in violation of the Fourth Amendment is GRANTED. This claim is DISMISSED.

2. Moving Defendants' Motion to Dismiss Plaintiff's claim that Defendants Bull and Doe conspired to deprive Plaintiff of proper medical care is DENIED.

3. Moving Defendants' Motion to Dismiss Plaintiff's claim alleging that the City of Allentown has a policy or custom of racial discrimination is GRANTED. This claim is DISMISSED.

4. Moving Defendants' Motion to Dismiss Plaintiff's request for injunctive relief is GRANTED. This request is DISMISSED.

5. Moving Defendants' Motion to Dismiss Plaintiff's claims against Defendants in their official capacities is GRANTED. These claims are DISMISSED.

6. Moving Defendants' Motion to Dismiss Plaintiff's Fifth and Fourteenth Amendment Due Process claims is GRANTED. These claims are DISMISSED.

7. Plaintiff's Motion to Amend the Complaint is GRANTED. The Amended Complaint must be filed on or before February 22, 2011. Failure to do so may result in dismissal with prejudice upon motion of Defendants.

It is so ORDERED.

BY THE COURT:

20110202

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