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Javier Zavala v. Police Officer Noah Robinson

December 12, 2012

JAVIER ZAVALA, PLAINTIFF,
v.
POLICE OFFICER NOAH ROBINSON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 12thday of December, 2012, upon consideration of Defendants Police Officer Noah Robinson and the Borough of South Coatesville's Motion to Dismiss Plaintiff's Complaint, Plaintiff's response thereto, and for the reasons provided in this Court's Memorandum dated December 12, 2012, it is hereby ORDERED that:

1. The motion (Document No. 8) is GRANTED in part and DENIED in part.

2. Plaintiff's Fifth Amendment, negligent hiring, and invasion of privacy claims are DISMISSED with prejudice.

3. Plaintiff's procedural due process, malicious prosecution, intentional infliction of emotional distress, and civil conspiracy claims are DISMISSED without prejudice.

4. The motion is DENIED as to Plaintiff's excessive force and Monell claims.

5. Plaintiff is barred from recovering punitive damages against the Borough of South Coatesville.

6. To the extent Plaintiff's Complaint includes claims against Officer Robinson in his official capacity, those claims are DISMISSED with prejudice.

7. Plaintiff shall file an Amended Complaint on or before January 7, 2013.

BY THE COURT:

20121212

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