MEMORANDUM RE: MOTION FOR PARTIAL DISMISSAL OF AMENDED COMPLAINT
In this somewhat unusual civil rights action, Plaintiff Robert Gorman ("Plaintiff) was a police officer in the City of Chester who was involved in an incident on October 11, 2008 in which, Plaintiff alleges, he was justified in using minimal force against a third party. Plaintiff avers that after the incident, the third party initiated a harassment or criminal suit against him.*fn1
Plaintiff testified at the resultant hearing on December 2, 2008, and the charge against Plaintiff was dismissed. The Delaware County Criminal Investigation Division and the District Attorney's Office investigated the incident, but Plaintiff at that time was not charged with any crime or Police Department policy violation.
Subsequently, Plaintiff alleges, on January 12, 2009, Defendant Joseph Bail ("Defendant Bail"), a Major in the City of Chester's Police Department, initiated an additional investigation of Plaintiff. On November 4, 2009, Defendant Bail wrongfully obtained an arrest warrant, which Plaintiff claims contained material misstatements and omissions, resulting in Plaintiff's arrest on November 11, 2009. On November 13, 2009, Plaintiff received a letter that he was suspended with intent to dismiss from the police force. Plaintiff did not have a hearing or other opportunity to be heard beforehand. Plaintiff was eventually terminated on December 16, 2009. Plaintiff testified in his own defense at a criminal trial on July 7, 2011, after which he was found not guilty. After filing a grievance, Plaintiff was reinstated as a police officer after filing a grievance.
During the relevant period, Defendant Floyd Lewis III ("Defendant Lewis") was Chief of Police of the City of Chester, Defendant Daren Alston ("Defendant Alston") was a Major and then Chief of Police of the City of Chester, and Wendell Butler ("Defendant Butler") was the Mayor of the City of Chester.
Plaintiff's claims can be summarized as follows:
I. Violation of Fourth Amendment Protection against illegal arrest and seizure;
II. First Amendment claim that his free speech and Petition Clause rights were denied;
III. Fourteenth Amendment lack of due process;
IV. Section 1986 claim concerning improper action by a supervisor;
V. Section 1985 claim of conspiracy;
VI. Pendent state law claims.
Defendants have filed a motion for partial dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 9), on various grounds. The Court will ...