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K.S.S v. Montgomery County Board of Commissioners

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


May 14, 2012

K.S.S., PLAINTIFF,
v.
MONTGOMERY COUNTY BOARD OF COMMISSIONERS, MONTGOMERY COUNTY OFFICE OF CHILDREN AND YOUTH, COUNTY OF MONTGOMERY, AND THOMAS D. DIAMOND, DEFENDANTS.

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

ORDER

AND NOW, this 14thday of May, 2012, upon consideration of Defendants' Motion to Dismiss Counts V through VIII of Plaintiff's Complaint (Docket No. 2), and Plaintiff's Response in Opposition (Docket No. 3), it is hereby ORDERED that Defendants' Motion (Docket No. 2) is GRANTED IN PART and DENIED IN PART as follows:

1. Defendants' Motion to Dismiss the 42 U.S.C. § 1983 claims independently asserted against Defendants Montgomery County Board of Commissioners ("the Board") and Montgomery County Office of Children and Youth ("MCOCY") (Counts V and VI) is GRANTED and all claims asserted against the Board and MCOCY as entities separate from the County of Montgomery are DISMISSED;

2. Defendants' Motion is GRANTED to the extent Plaintiff's claims allege deprivations of his Fifth Amendment procedural and substantive due process rights;

3. Defendants' Motion is GRANTED to the extent Plaintiff's claims allege deprivations of his Fourteenth Amendment procedural due process rights, but DENIED to the extent the claims allege deprivations of his Fourteenth Amendment substantive due process rights;

4. Defendants' Motion to Dismiss Plaintiff's request for punitive damages is GRANTED;

5. Defendants' Motion to Dismiss the remainder of Plaintiff's claims pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED.

It is so ORDERED.

BY THE COURT:

Ronald L. Buckwalter

20120514

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