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15-502 - NEIGHBORS v. MONAHAN et al


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15-502 - NEIGHBORS v. MONAHAN et al
March 15, 2016
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ORDER. For the reasons stated in the Memorandum filed contemporaneously herewith, Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rule 12(b)(6) or, in the Alternative, Motion to Strike Portions of the Complaint Pursuant to Federal Rule 12(f) (Doc. 9) is GRANTED IN PART and DENIED IN PART. With regard to Plaintiff's First Amendment retaliation claim in Count III of the Complaint, the Motion to Dismiss (Doc. 9) is DENIED as that claim relates to Defendants Monahan and Monongahela Township. In every other respect, the Motion (Doc. 9) will be GRANTED. The following claims are hereby DISMISSED WITH PREJUDICE: all of Plaintiff's claims against the Monongahela Township Board of Supervisors as set forth in Counts I through IV of the Complaint; Plaintiff's substantive due process claim in Count IV of the Complaint as it relates to all Defendants; Plaintiff's claim under Section 1983 for punitive damages against Monongahela Township; and Plaintiff's abuse of process claim in Count II of the Complaint as it relates to Defendant Monongahela Township. The following claims are DISMISSED WITHOUT PREJUDICE: Plaintiff's Section 1983 claims against Defendant Monahan and Monongahela Township for malicious prosecution (Count I); and Plaintiff's claim against Defendant Monahan for abuse of process (Count II). Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, Plaintiff may file an amended pleading as a matter of course on or before March 23, 2016, consistent with the principles discussed in the Memorandum filed herewith and the mandates of Rule 11. Failure to file an amended complaint by this date will result in these claims being dismissed with prejudice. Defendants' Motion, in the Alternative, to Strike Portions of the Complaint Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure (Doc. 9) is DENIED. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 3/15/16. (rld)