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Gallagher v. Green

United States District Court, E.D. Pennsylvania

October 2, 2014

JOHN GALLAGHER,
v.
ROBERT GREEN, ET AL

ORDER

R. BARCLAY SURRICK, Judge.

AND NOW, this 2nd day of October, 2014, upon consideration of the Parx Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint (ECF No. 22), and the Commonwealth Defendants' Partial Motion to Dismiss Second Amended Complaint (ECF No. 23), and all papers submitted in support thereof and in opposition thereto, it is ORDERED as follows:

A. The Parx Defendants' Motion to Dismiss (ECF No. 22) is GRANTED in part and DENIED in part, as follows:
1. Defendants' request to dismiss all claims against Defendants Hogwood and Green is GRANTED.
2. Defendants' request to dismiss Count I (civil rights claims) against the Defendants Baxter, Norcutt, and Doe is DENIED.
3. Defendants' request to dismiss Count I (civil rights claims) against Defendants Bensalem Racing, Keystone Turf Club, Greenwood Gaming, and Greenwood Racing is GRANTED.
4. Defendants' request to dismiss Count III (assault and battery) is DENIED.
5. Defendants' request to dismiss Count IV (illegal search and illegal strip search) is GRANTED.
6. Defendants' request to dismiss Count VI (malicious prosecution) is GRANTED.
7. Defendants' request to dismiss Count VII (punitive damages) is DENIED.
B. The Commonwealth Defendants' Partial Motion to Dismiss (ECF No. 23) is GRANTED. Count II will be dismissed against Defendant Pawlowski. Counts III, IV, V, and VI will be dismissed against Defendants Armstrong, Burnett, and Pawlowski.

IT IS SO ORDERED.


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