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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 17, 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 17thday of May, 2012, upon consideration of Defendant's Motion to Dismiss Counts I, II, III, IV and VIII of Plaintiff's Complaint (Docket No. 4), and Plaintiff's Response in Opposition (Docket No. 5), it is hereby ORDERED that Defendant's Motion (Docket No. 4) is

GRANTED IN PART and DENIED IN PART as follows:

1. Defendant's Motion to Dismiss the 42 U.S.C. § 1983 claims independently asserted against him in Counts VIII is GRANTED; and

2. Defendant's Motion to Dismiss Plaintiff's state law tort claims in Counts I, II, III, and IV on the grounds that the Court lacks subject matter jurisdiction is DENIED.

It is so ORDERED.

BY THE COURT:

Ronald L. Buckwalter

20120517

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