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15-5285 - COHEN et al v. CHESTER COUNTY DEPARTMENT OF MENTAL HEALTH/INTELLECTUAL DISABILITIES SERVICES et al


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15-5285 - COHEN et al v. CHESTER COUNTY DEPARTMENT OF MENTAL HEALTH/INTELLECTUAL DISABILITIES SERVICES et al
May 25, 2016
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/24/16. 5/25/16 ENTERED AND COPIES E-MAILED.(kw, )
May 25, 2016
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ORDER THAT PART OF THE COUNTY DEFTS' MOTION TO DISMISS ALL CLAIMS AGAINST DEFT CHESTER COUNTY OF MENTAL HEALTH IS GRANTED. COUNT V AGAINST ALL DEFT CHESTER COUNTY DEPT. IS DISMISSED WITH PREJUDICE. ALL OTHER CLAIMS AGAINST DEFT CHESTER COUNTY ARE DISMISSED WITHOUT PREJUDICE TO PLFFS' RIGHT TO FILE AN AMENDED COMPLAINT NAMING CHESTER COUNTY AS A DEFT WITHIN 20 DAYS, ETC. THAT PART OF THE MOTIONS TO DISMISS (COUNT III) IS GRANTED IN PART & DENIED IN PART AS FOLLOWS: PLFFS' CLAIMS AGAINST DEFT COMMONWEALTH OF PA IS GRANTED, & THESE CLAIMS ARE DISMISSED WITH PREJUDICE. PLFFS' CLAIMS AGAINST DEFTS ENTREKIN & THRASH IN THEIR OFFICIAL CAPACITIES IS GRANTED & THESE CLAIMS ARE DISMISSED WITH PREJUDICE. PLFF'S CLAIMS AGAINST DEFTS DALLAS, MACKERETH, ALEXANDER, THALER, SUROVIEC, FRANTZ, FRIEL, ENTREKIN, & THRASH IN THEIR INDIVIDUAL CAPACITIES IS GRANTED & THESE CLAIMS ARE DISMISSED WITHOUT PREJUDICE TO PLFFS' RIGHT TO FILE AN AMENDED COMPLAINT WITHIN 20 DAYS, ETC. THAT PART OF COMMONWEALTH DEFTS' MOTION TO DISMISS PLFFS' CLAIMS AGAINST DEFTS DALLAS & THALER IN THEIR OFFICIAL CAPACITIES IS DENIED; COUNTS IV & VII AGAINST ALL DEFTS IS GRANTED & COUNTS IV & VII ARE DISMISSED WITHOUT PREJUDICE, ETC. COUNT V AGAINST ALL DEFTS IS GRANTED & COUNT V IS DISMISSED WITH PREJUDICE. COUNT VI AGAINST ALL COUNTY DEFTS IS GRANTED & COUNT VI IS DISMISSED WITHOUT PREJUDICE, ETC. THE MOTIONS TO DISMISS ARE DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/24/16. 5/25/16 ENTERED AND COPIES E-MAILED.(kw, )