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Hojnowski v. Berks County

United States District Court, Eastern District of Pennsylvania

January 28, 2015

RODNEY HOJNOWSKI, Plaintiff,
v.
BERKS COUNTY, et al., Defendants.

ORDER

Cynthia M. Rufe, Judge

AND NOW, this 28th day of January 2015, upon consideration of the Berks County Defendants' Motion to Dismiss [Doc. No. 29], and Plaintiffs response thereto, and for the reasons stated in the attached Memorandum Opinion, it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part, as follows:

1. The Motion is GRANTED with prejudice as to federal Count I;

2. The Motion is GRANTED with prejudice as to federal Count III, insofar as the claims arise from events of March 20, 2012;

3. The Motion is DENIED without prejudice as to the alternative grounds for liability set forth in federal Count III, insofar as Count III pertains to the treatment of Plaintiff during his time in Berks County Central Booking on March 25-26, 2012;

4. The Motion is DENIED without prejudice as to the request for punitive damages.

It is so ORDERED.


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