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Merces-Clark v. Commonwealth

United States District Court, Third Circuit

November 19, 2013

ASHAUN MERCES-CLARK, Plaintiff,
v.
COMMONWEALTH OF PENNSYLVANIA, et al., Defendants.

ORDER

LAWRENCE F. STENGEL, District Judge.

AND NOW, this 19th day of November 2013, upon consideration of defendants' motion to dismiss (Doc. No. 13) and responses thereto, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART as follows:

1. Defendants' motion to dismiss Count II of the complaint against the Commonwealth of Pennsylvania and Pennsylvania State Police is GRANTED;
2. Defendants' motion to dismiss Count II of the complaint against Defendants Colon, Gaspich, and Teper is DENIED; and
3. Defendants' motion to dismiss Count I of the complaint against the Commonwealth of Pennsylvania is DENIED.

The Commonwealth of Pennsylvania and the Pennsylvania State Police are dismissed as defendants under Count II of the plaintiff's amended complaint.


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