Summary
finding that a § 1983 claim of unlawful arrest is invalidated by an underlying conviction of a summary offense
Summary of this case from Luna v. AllisonOpinion
CIVIL ACTION NO. 3:11-cv-2130
06-05-2012
STEPHANIE PIAZZA, Plaintiff, v. JOSEPH LAKKIS, Defendant.
(JUDGE CAPUTO)
ORDER
NOW, this 5th day of June, 2012, IT IS HEREBY ORDERED that Defendant Joseph Lakkis's Motion to Dismiss (Doc. 9) is GRANTED IN PART AND DENIED IN PART as follows:
1. Plaintiff's Fourteenth Amendment Claims (contained within Counts I, II and III) are DISMISSED;
2. Plaintiff's Fourth Amendment Claim for Malicious Prosecution (Count III) is DISMISSED. However, Plaintiff is given twenty-one (21) days to file an amended complaint solely as to this claim. When submitting such an amended complaint, Plaintiff is directed to follow the procedure for highlighting of amendments outlined in Local Rule 15.1(b).
3. Plaintiff's claims for unlawful arrest under both the Fourth Amendment and under state law (Counts II and VII) are DISMISSED.
The Motion is DENIED in all other respects.
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A. Richard Caputo
United States District Judge