Opinion
Civil Action 23-1542
02-27-2024
MARY CANDIDO, individually and on behalf of all others similarly situated Plaintiffs, v. UPPER DARBY TOWNSHIP Defendants.
ORDER
CYNTHIA M. RUFE, J.
AND NOW, this 27th day of February 2024, upon consideration of Defendant's Motion to Dismiss [Doc. No. 11]; Plaintiff's Response; and Defendant's Reply, it is hereby ORDERED that Defendant's Motion is GRANTED in part and DENIED in part as follows:
1. Plaintiff's Fifth and Fourth Amendment claims under 42 U.S.C. § 1983 are DISMISSED without prejudice. If Plaintiff wishes to proceed with a Fifth or Fourth Amendment claim under 42 U.S.C. § 1983, Plaintiff may file an amended complaint by or before March 15, 2024.
2. Plaintiff's State Constitution claim under 42 U.S.C. § 1983 is DISMISSED with prejudice.
3. Plaintiff's negligence claim is DISMISSED with prejudice under Pennsylvania's Political Subdivision Tort Claims Act.
It is so ORDERED.