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Louis V. Nocera v. Borough of Ellwood City

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


July 6, 2011

LOUIS V. NOCERA, PLAINTIFF,
v.
BOROUGH OF ELLWOOD CITY, PA., DEFENDANT.

The opinion of the court was delivered by: Magistrate Judge Bissoon*fn1

ORDER

For the reasons that follow, Defendant's Motion (Doc. 7) for a more definite statement and to strike is GRANTED.

Defendant seeks a more definite statement regarding Plaintiff's equal protection claim in Count III of the Complaint, and his denial of free speech claim in Count IV. See Def.'s Br. (Doc. 8) at 5-7; see also Compl. (filed under Doc. 1-2). Plaintiff has not timely responded to Defendant's Motion,*fn2 and, for essentially the same reasons stated in Defendant's brief, Plaintiff shall amend his Complaint to provide more definite statements in Counts III and IV by July 18, 2011. If Plaintiff fails to timely amend his Complaint in conformity with this Order, Counts III and IV will be dismissed with prejudice.

Defendant also requests that Plaintiff's claim for punitive damages under Title VII, in Count I, be stricken. See Def.'s Br. at 8. As Defense counsel assert, punitive damages are not available against municipal defendants under Title VII. Sampson v. School Dist. of Lancaster, 2009 WL 1675083, *7 n.9 (E.D. Pa. Jun. 12, 2009) (holding same, citations omitted).

Accordingly, Plaintiff's request for punitive damages in Count I is STRICKEN.

IT IS SO ORDERED.

Cathy Bissoon United States Magistrate Judge

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