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Freeman v. Murphy

United States District Court, E.D. Pennsylvania

February 24, 2014

ANTHONY FREEMAN, Plaintiff,
v.
OFFICER WILLIAM MURPHY, et al., Defendants.

ORDER

JOEL H. SLOMSKY, District Judge.

AND NOW, this 24th day of February 2014, upon consideration of Defendants' Motion to Partially Dismiss Plaintiff's Amended Complaint (Doc. No. 11), Plaintiff's Response (Doc. No. 12), and the arguments of counsel at the September 20, 2013 hearing, it is ORDERED that:

1. Defendants' Motion to Partially Dismiss Plaintiff's Amended Complaint (Doc. No. 11) is GRANTED on Count II.
2. Defendants' Motion to Partially Dismiss Plaintiff's Amended Complaint (Doc. No. 11) is DENIED on Count IV.
3. Plaintiff's claim for malicious prosecution under Pennsylvania state law (contained in Count IV) is DISMISSED by agreement of the parties at the September 20, 2013 hearing.
4. The case will proceed with respect to Counts I, III, IV, and V. Defendants are ORDERED to file an Answer to the Amended Complaint within twenty days of this Order.

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