Cole v. Jenkins

Full title: JACOB COLE and JENNIFER CARNWRIGHT HIBBERT, as parents and natural…

Court: United States District Court, Middle District of Pennsylvania

Date published: Jun 17, 2022

4:21-CV-1779 (M.D. Pa. Jun. 17, 2022)

Opinion

4:21-CV-1779

06-17-2022

JACOB COLE and JENNIFER CARNWRIGHT HIBBERT, as parents and natural guardians of Levi Cole, deceased, and as Co-Administrators of the Estate of Levi Cole, Plaintiffs, v. BRIAR JENKINS and TROY BOROUGH, Defendants

Matthew W. Brann Chief United States District Judge

ORDER

Matthew W. Brann Chief United States District Judge

AND NOW, this 17^th day of June 2022, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:

1. Defendants' motion to dismiss (Doc. 9) is GRANTED WITH PREJUDICE as to Counts I, II, and III of Plaintiffs' Amended Complaint (Doc. 8).

2. Defendants' motion to dismiss (Doc. 9) is GRANTED WITHOUT PREJUDICE as to Count IV of Plaintiffs' Amended Complaint (Doc. 8).

3. Plaintiffs may file a Second Amended Complaint no later than July 1, 2022.

4. This Second Amended Complaint may only include 42 U.S.C. § 1983 claims against Troy Borough.

5. This Second Amended Complaint may not include 42 U.S.C. § 1983 claims against Defendant Briar Jenkins or state-law negligence claims.

6. If Plaintiffs do not file a Second Amended Complaint on or before July 1, 2022, their § 1983 claims against Troy Borough will be subject to dismissal with prejudice.