Opinion
Civil Action 23-CV-2532
05-06-2024
RONALD E. ALONZO, Plaintiff, v. JOE TERRA, et al., Defendants.
ORDER
CHAD F. KENNEY, J
AND NOW, this 3rd day of May 2024, upon consideration of Moving Commonwealth Defendants' Motion to Dismiss Plaintiff's Complaint (ECF No. 25) and Plaintiff Ronald E. Alonzo's Response in Opposition (ECF No. 28), it is hereby ORDERED that this Motion (ECF No. 25) is GRANTED in part and DENIED in part, for the reasons stated in the Court's Memorandum, as follows:
1. Moving Defendants' Motion to Dismiss is GRANTED, without prejudice, as to Plaintiff's 42 U.S.C. § 1983 claims against Moving Defendants Hensley, Yodis, Sorber and Wagner.
2. Moving Defendants' Motion to Dismiss is DENIED as to Plaintiff's 42 U.S.C. § 1983 claim against Moving Defendant Lt. Diguardi.
Plaintiff's state sexual assault claim was not raised in Moving Defendants' Motion to Dismiss (ECF No. 25) and is not addressed here.
Defendants remaining in this action are Joe Terra, Jordan, Wagner, and Lt. Diguardi. Responsive pleadings to the Complaint (ECF No. 1) are due on or before May 17, 2024.
The Court notes that Defendants Terra and Jordan filed an Answer to Plaintiff's Complaint on December 11, 2023 (ECF No. 26).