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Jose Garcia v. Pennsylvania State Police

October 14, 2011

JOSE GARCIA, PLAINTIFF,
v.
PENNSYLVANIA STATE POLICE, TROOPER KEVIN P. HIBSON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A PENNSYLVANIA STATE TROOPER, DUBLIN STATION AND TROOPER WILLIAM MCDERMOTT, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A PENNSYLVANIA STATE TROOPER, DUBLIN STATION, DEFENDANTS.



The opinion of the court was delivered by: Henry S. Perkin United States Magistrate Judge

ORDER AND NOW , this 14th day of October, 2011, upon consideration of Defendants' Partial Motion to Dismiss (Dkt. No. 3), filed on July 29, 2011 and Plaintiff's Response (Dkt. No. 5) filed on August 23, 2011,

IT IS ORDERED that Defendants' Motion is GRANTED as to all claims against Defendant Pennsylvania State Police, Count I against Trooper Hibson and Trooper McDermott in their Official Capacities and as to all claims in Counts II and III;

IT IS ORDERED that Defendants' Motion is DENIED as to Count I against Trooper Hibson and Trooper McDermott in their Individual Capacities and as to Count IV.

BY THE COURT:

Henry S. Perkin

20111014

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