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16-2650 - CHAPPELL v. THE HORSHAM TOWNSHIP POLICE DEPARTMENT et al


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16-2650 - CHAPPELL v. THE HORSHAM TOWNSHIP POLICE DEPARTMENT et al
February 22, 2017
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 2/21/17. 2/22/17 ENTERED & E-MAILED.(fdc)
February 22, 2017
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MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS [#11] IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S CLAIMS AGAINST CHIEF WILLIAM J. DALY IN HIS INDIVIDUAL CAPACITY ARE DISMISSED. PLAINTIFF'S CLAIMS AGAINST OFFICER JEFFREY WOODRUFF, OFFICER ANDREW NISBET, OFFICER JOSE ORTIZ, AND LIEUTENANT K. JOHN POTTS IN THEIR OFFICIAL CAPACITIES ARE DISMISSED. DEFENDANTS' MOTION TO DISMISS [#11] IS DENIED WITH RESPECT TO PLAINTIFF'S FOURTH AMENDMENT CLAIMS IN COUNT I AGAINST OFFICER WOODRUFF, OFFICER NISBET, OFFICER ORTIZ, AND LIEUTENANT POTTS IN THEIR INDIVIDUAL CAPACITIES. DEFENDANTS' MOTION TO DISMISS [#11] IS GRANTED WITH RESPECT TO THE SUBSTANTIVE DUE PROCESS CLAIM IN COUNT I OF PLAINTIFF'S SECOND AMENDED COMPLAINT [#12]; DEFENDANTS' MOTION TO DISMISS [#11] IS GRANTED ON COUNTS II AND III OF PLAINTIFF'S SECOND AMENDED COMPLAINT [#12]; DEFENDANTS' MOTION TO DISMISS [#11] IS DENIED WITH RESPECT TO PLAINTIFF'S NEGLIGENCE CLAIMS IN COUNTS IV AND V AGAINST THE HORSHAM PD, AND PLAINTIFF'S CONVERSION CLAIMS IN COUNT VI AGAINST OFFICER WOODRUFF, OFFICER NISBET, OFFICER ORTIZ, AND LIEUTENANT POTTS IN THEIR OFFICIAL CAPACITIES. DEFENDANTS ARE ORDERED TO FILE AN ANSWER TO PLAINTIFF'S REMAINING CLAIMS WITHIN FOURTEEN (14) DAYS FROM THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 2/21/17. 2/22/17 ENTERED & E-MAILED.(fdc)