Summary
applying equitable estoppel and dismissing a § 1983 claim under Rule 12(b) because the statute of limitations could only be tolled to the date when the Plaintiffs knew or should have known about the wrongdoing
Summary of this case from Moody v. ConroyOpinion
CIVIL ACTION NO. 3:11-CV-465
02-23-2012
LORETTA ELIA, Plaintiffs, v. ROBERT J. POWELL, MICHAEL T. CONAHAN, MARK A. CIAVARELLA, PA CHILD CARE, LLC, WESTERN PA CHILD CARE LLC, ROBERT K. MERICLE, MERICLE CONSTRUCTION, INC., PINNACLE GROUP OF JUPITER, LLC, BEVERAGE MARKETING OF PA, INC., VISION HOLDINGS, LLC, MID ATLANTIC YOUTH SERVICES CORP, and PERSEUS HOUSE, INC. d/b/a ANDROMEDA HOUSE, Defendants.
(JUDGE CAPUTO)
ORDER
NOW, this 23rd day of February, 2012, IT IS HEREBY ORDERED that:
(1) Defendant Mark Ciavarella's Motion to Dismiss (Doc. 18) is GRANTED in part and DENIED in part. As to judicial immunity for the courtroom adjudications and sentences imposed, the motion is GRANTED. As to the remainder, the motion is
DENIED.
(2) Defendants Mid-Atlantic Youth Services Corp., PA Child Care, LLC, and Western PA Child Care, LLC's Motion to Dismiss (Doc. 17) is GRANTED in part and DENIED in part as follows:
(a) The motion is GRANTED as to Plaintiffs' § 1983, civil conspiracy, and false imprisonment claims. Those claims are dismissed.
(b) The motion is DENIED in all other respects.
___________________________
A. Richard Caputo
United States District Judge