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17-1056 - PRISTAS v. ESPER et al


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17-1056 - PRISTAS v. ESPER et al
March 22, 2018
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MEMORANDUM OPINION, indicating that for the reasons more fully stated within, Judge Torkowsky's motion to dismiss 18 is granted and Homestead Defendants' motion to dismiss and partial motion for summary judgment 22 is granted, in part and denied, in part, as the motion to dismiss is granted and the motion for summary judgment is denied, as moot. All § 1983 claims against Judge Torkowsky, Mayor Esper, Chief Desimone, Officer Kershiner, and Officer Meals are dismissed, with prejudice. The § 1983 claims against Officer Ilgenfritz arising from the traffic stop and those against Officers Luptak and Ilgenfritz for failure to prosecute are likewise dismissed, with prejudice. However, Plaintiff's § 1983 search and seizure and procedural due process claims against Officers Luptak and Ilgenfritz arising from the 8/145/15 incident are dismissed without prejudice and he is granted leave to amend these particular claims. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/22/18. (jg)