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Wilson v. Dewees

United States District Court, Third Circuit

July 8, 2013

KEVIN WILSON, ET AL.
v.
JOSHUA DEWEES, ET AL.

ORDER

R. BARCLAY SURRICK, District Judge.

AND NOW, this 8th day of July, 2013, upon consideration of Defendants Officer Joshua Dewees, Officer David Brockway and the City of Chester for Partial Dismissal of Plaintiff's Complaint under Federal Rule of Civil Procedure 12(b)(6) (ECF No. 8), and all papers submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is GRANTED in part and DENIED in part, as follows:

1. All claims asserted under the Pennsylvania Constitution in Count II of the Complaint are DISMISSED with prejudice;
2. Counts III is DISMISSED in its entirety with prejudice;
3. Count IV is DISMISSED in its entirety with prejudice;
4. All claims asserted against the City of Chester are DISMISSED with prejudice;
5. Defendant's Motion as to the malicious prosecution claims asserted by Plaintiff Wilson against Defendants Brockway and Dewees in Count VI is DENIED.

IT IS SO ORDERED.


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