Opinion
CIVIL 3:21-CV-01516
02-24-2023
ALLISON KORMAN, Plaintiff, v. PENNSYLVANIA STATE POLICE HONSEDALE BARRACKS, et al., Defendants.
ORDER
SUSAN E. SCHWAB, UNITED STATES MAGISTRATE JUDGE
For the reasons set forth in the Memorandum Opinion filed concurrently with this Order, IT IS ORDERED that the defendants' motion (doc. 27) to dismiss the amended complaint is GRANTED IN PART AND DENIED IN PART. The claims against the Pennsylvania State Police Honesdale Barracks and the claims against Trooper Scochin in his official capacity are dismissed for lack of subject-matter jurisdiction. The claims against Trooper Scochin in his individual capacity under the Fifth, Sixth, Eighth, and Ninth Amendment claims are also dismissed. The motion is otherwise denied.
IT IS FURTHER ORDERED that Korman may filed a second amended complaint within 28 days of the date of this Order. If Korman does not file a second amended complaint, the case will go forward only as to her First Amendment retaliatory prosecution claim against Trooper Scochin in his individual capacity as well as the state law claims against Trooper Scochin.