Opinion
Civil Action 20-5920
03-04-2022
JOSEPH MOORE v. LOWER FREDERICK TOWNSHIP, ET AL.
ORDER
R. BARCLAY SURRICK, J.
AND NOW, on this 4th day of March 2022, upon consideration of Defendants' Motion to Dismiss (ECF No. 8), Plaintiff's response thereto (ECF No. 10), and all other documents submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is GRANTED in part and DENIED in part as follows:
1. As to Count I. the Motion is GRANTED in part and DENIED in part as follows:
a. The Section 1981 claim is DISMISSED without prejudice against the Township. However, the Section 1981 claims against Chief Maxey in his individual capacity remain.
b. The Section 1983 claim against the Township is DISMISSED without prejudice.
2. The Motion is GRANTED as to Count II (First Amendment Retaliation). It is DISMISSED against Chief Maxey in his individual capacity without prejudice.
3. The Motion is DENIED as to Count III (Pennsylvania Whistleblower Law).
4. As to Count IV (defamation), the Motion is GRANTED as follows:
a. The Section 1983 defamation claim is DISMISSED without prejudice as to Chief Maxey and the Township.
b. The Pennsylvania state law defamation claim is DISMISSED with prejudice as to the Township only. It is DISMISSED without prejudice as to Chief Maxey.
5. The Motion is DENIED as to Count V (Title VII).
6. Plaintiff's request for punitive damages is DISMISSED against the Township, but remains against Chief Maxey in his individual capacity.
IT IS SO ORDERED.