IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
February 23, 2011
CURTIS STOCKLEY, JR., ET AL.
DARBY BOROUGH, ET AL.
The opinion of the court was delivered by: John R. Padova, J.
AND NOW, this 23rd day of February, 2011, upon consideration of Defendant Robert Smythe's Motion to Dismiss the Second Amended Complaint (Docket No. 20), and Plaintiff's opposition thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that Motion to Dismiss the Second Amended Complaint is GRANTED IN PART and DENIED IN PART as follows:
1. The Motion is GRANTED insofar as it seeks dismissal of Counts II and III and the Fourth Amendment claim in Count I.
2. In all other respects, the Motion is DENIED.
BY THE COURT:
John R. Padova, J.
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