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Sandusky v. County of Adams

United States District Court, M.D. Pennsylvania

April 21, 2014

WILLIAM SCOTT SANDUSKY, Plaintiff,
v.
COUNTY OF ADAMS, PENNSYLVANIA, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 21st day of April, 2014, upon consideration of the report (Doc. 8) of Chief Magistrate Judge Martin C. Carlson, recommending the court grant in part and deny in part the motion (Doc. 3) to dismiss the complaint (Doc. 1) of plaintiff William Scott Sandusky ("Sandusky") filed by the County of Adams, Pennsylvania ("County"), County Public Defender Kristin Rice, and County Commissioners Randy Phiel, Jim Martin, and Marty Karsteter Qually, wherein Judge Carlson concludes that Sandusky's claims for age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. ยง 621 et seq., and Pennsylvania Human Relations Act ("PHRA"), must be dismissed as to the individual defendants because there is no individual liability under either act, (Doc. 8 at 12-13), but determines that Sandusky has sufficiently stated facts in support of an age discrimination claim against the County, (id. at 13-14), and, after an independent review of the record, and noting that the County filed an objection[1] (Doc. 9) to the report on March 3, 2014, and that Sandusky filed a response (Doc. 11) to the County's objection on March 17, 2014, and the court finding Judge Carlson's analysis to be thorough, well-reasoned, and fully supported by the record, and the court further finding the County's objection to be without merit[2] and squarely addressed by Judge Carlson's report, it is hereby ORDERED that:

1. The report (Doc. 8) of Chief Magistrate Judge Martin C. Carlson is ADOPTED in its entirety.
2. Defendants' motion (Doc. 3) to dismiss is GRANTED to the extent it seeks dismissal of Sandusky's claims against the individual defendants. The motion is DENIED in all other respects.
3. The claims against Randy Phiel, Jim Martin, Marty Karsteter Qually, and Kristin Rice are DISMISSED with prejudice.
4. A case management order shall issue by separate order.

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