Opinion
CIVIL ACTION NO. 3:11-CV-658
01-31-2012
JAMES GILLETTE and ERICA MICHALIGA, Plaintiffs, v. MARK A. CIAVARELLA, JR., MICHAEL T. CONAHAN, COUNTY OF LUZERNE, GREG SKREPENAK, TODD VONDERHEID, SAM GUSTO, SANDRA BRULO, LUZERNE COUNTY DEPARTMENT OFJUVENILE PROBATION, ROBERT J. POWELL, ROBERT MERICLE, PA CHILD CARE, MERICLE CONSTRUCTION, INC., PA CHILD CARE, LLC, WESTERN PA CHILDCARE, LLC, MID-ATLANTIC CHILD YOUTH SERVICES, LLC, POWELL LAW GROUP, P.C., BARBARA CONAHAN, CINDY CIAVARELLA, PINNACLE GROUP OF JUPITER, LLC, GREGORY ZAPPALA, BEVERAGE MARKETING OF PA, INC., and JOHN DOE, ESQUIRE, Defendants.
(JUDGE CAPUTO)
ORDER
NOW, this 31st day of January, 2012, IT IS HEREBY ORDERED that:
(1) Defendant Mark Ciavarella's Motion to Dismiss (Doc. 3) 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) Defendant Western PA Child Care, LLC's Motion to Dismiss (Doc. 6) is GRANTED in part and DENIED in part. As to the claims of a violation of Pennsylvania law under 42 U.S.C. § 1983, the motion is GRANTED. As to the remainder, the motion is DENIED.
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A. Richard Caputo
United States District Judge