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Kelly v. Jones

United States District Court, E.D. Pennsylvania

April 17, 2015

ANTHONY J. KELLY, Plaintiff,
v.
OFFICER DEMOSS JONES et al., Defendants.

ORDER

GERALD AUSTIN McHUGH, District Judge.

This 17th day of April, 2015 after reviewing Defendants' Motion to Dismiss and all accompanying submissions, it is hereby ORDERED that:

• Counts I, II, and IV of the First Amended Complaint are DISMISSED as to all Defendants. Malicious Prosecution under Count I will be considered under Count III instead. Plaintiff's Failure to Investigate claim is incorporated into his Malicious Prosecution claim.
• Count III is DISMISSED as to Officers John Gretsky and S. Gretsky, but will remain against Officer Demoss Jones.
• Count V is DISMISSED IN PART, as it applies to claims arising out of False Arrest. Claims arising out of Malicious Prosecution remain.

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