IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
February 28, 2013
REGINALD JACKSON, PLAINTIFF,
MAJOR THOMAS DOHMAN, CAPTAIN ETTA WILLIAMS, AND LIEUTENANT WILLIAM E. RADLE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Jan E. DuBois
AND NOW,this 28th day of February, 2013, upon consideration of Commonwealth Defendants' Amended Motion to Dismiss the Amended Complaint (Document No. 24, filed June 29, 2012), and Plaintiff's Brief in Opposition to Defendant's Amended Motion to Dismiss (Document No. 36, filed September 12, 2012), for the reasons set forth in the Memorandum dated February 28, 2013, IT IS ORDERED that Commonwealth Defendants' Amended Motion to Dismiss the Amended Complaint is GRANTED as to the plaintiff's claims based on the Fifth, Eighth, and Fourteenth Amendments in the Amended Complaint and as to the remaining First Amendment claim against defendants in their official capacities, and all such claims are DISMISSED WITH PREJUDICE. Plaintiff's First Amendment retaliation claim against defendants in their individual capacities is ALLOWED TO PROCEED.
IT IS FURTHER ORDERED that a Preliminary Pretrial Conference will be conducted in due course.
BY THE COURT:
DuBOIS, JAN E., J.
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