Opinion
Civil Action 3:21-144
04-13-2022
CLEO FIDDEMON, Plaintiff v. PATROLMAN ROBERT MAHOLIK, PATROLMAN JOSEPH WOZNIAK, and WILKES-BARRE TOWNSHIP, Defendants
ORDER
MALACHY E. MANNION, United States District Judge.
In accordance with the Memorandum issued this date, IT IS HEREBY ORDERED THAT:
1. The defendants' motion to dismiss, (Doc. 7), plaintiff's amended complaint, (Doc. 4), pursuant to Federal Rule of Civil Procedure 12(b)(6), is GRANTED IN PART and, DENIED IN PART.
2. The defendants' motion to dismiss plaintiff's false arrest claim against the defendant officers in Count I is DENIED.
3. The defendants' motion to dismiss plaintiff's 4th Amendment excessive force claim against the defendant officers in Count I is DENIED.
4. The plaintiff's claims in Count I, to the extent that they are asserted against the individual defendants in their official capacities, are DISMISSED. Thus, the plaintiff's false arrest and excessive force claims against the defendant officers in Count I will proceed only to the extent that they are sued in their individual capacities.
5. The defendants' motion to dismiss the plaintiff's 5th Amendment due process claim in Count II is GRANTED.
6. The defendants' motion to dismiss plaintiff's 14th Amendment due process claim in Count II is GRANTED.
7. Count II of the amended complaint is DISMISSED IN ITS ENTIRETY WITH PREJUDICE.
8. The defendants' motion to dismiss plaintiff's claims for injunctive relief is GRANTED.
9. The defendants' motion to dismiss plaintiff's claims for declaratory judgment is GRANTED.
10. The defendants' motion to dismiss plaintiff's municipal liability claims against W-B Twp. in Count I is DENIED.
11. The plaintiff's claims for punitive damages against W-B Twp. and against the defendant officers in their official capacities are DISMISSED WITH PREJUDICE.
12. To the extent plaintiff seeks punitive damages against defendant officers in their individual capacities, defendants' motion to dismiss is DENIED.