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14-5554 - ANTHONY v. SELTZER et al


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14-5554 - ANTHONY v. SELTZER et al
September 30, 2016
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MEMORANDUM. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/30/16. 9/30/16 ENTERED AND COPIES E-MAILED.(mas, )
September 30, 2016
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ORDER THAT DEFENDANT ALLESS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT, ECF NO. 40, IS DENIED. DEFENDANTS SELTZER AND THE CITY OF ALLENTOWNS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT, ECF NO. 41, IS DENIED. DEFENDANTS BARZEV, BRETT, AND CITY OF ALLENTOWNS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT, ECF NO. 45, IS DENIED IN PART AND GRANTED IN PART AS FOLLOWS: A. DEFENDANTS REQUEST TO LIMIT PLAINTIFFS THEORY OF LIABILITY ON THE EXCESSIVE FORCE CLAIM TO THE FOURTH AMENDMENT IS GRANTED, AND COUNTS ONE AND TWO MAY PROCEED ONLY UNDER THE FOURTH AMENDMENT; B. DEFENDANTS MOTION TO DISMISS COUNT TWO FOR FAILURE TO STATE A CLAIM IS DENIED; DEFENDANTS MOTION TO DISMISS BARZEV AND BRETT ON THE BASIS OF QUALIFIED IMMUNITY IS DENIED WITHOUT PREJUDICE; AND D. DEFENDANTS MOTION TO DISMISS COUNT FOUR IS GRANTED, AND COUNT FOUR IS DISMISSED WITH PREJUDICE. A NEW SCHEDULING ORDER WILL BE ISSUED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/30/16. 9/30/16 ENTERED AND COPIES E-MAILED.(mas, )