IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
June 29, 2012
JACQUELINE SHEARE AND TREVOR R. SHEARE, PLAINTIFFS,
BOROUGH OF OLYPHANT AND OFFICER LEWIS KLINE, DEFENDANTS.
The opinion of the court was delivered by: (judge Caputo)
ORDER NOW, this 29th day of June, 2012, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (Doc. 15) is GRANTED in part and DENIED in part.
(1) Defendants' Motion to Dismiss Count Two is GRANTED and the Monell claim is DISMISSED with prejudice.
(2) Defendants' Motion to Dismiss Count Three is GRANTED and the Abuse of Process claim is DISMISSED with prejudice.
(3) The Motion to Dismiss is otherwise DENIED. Plaintiffs may proceed on the 42 U.S.C. § 1983 False Arrest claim, the Intentional Infliction of Emotional Distress claim, and the Loss of Consortium claim.
A. Richard Caputo United States District Judge
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