Opinion
CIVIL ACTION NO. 09-CV-5505
02-27-2012
NADINE PELLEGRINO AND HARRY WALDMAN, Plaintiffs, v. UNITED STATES OF AMERICA TRANSPORTATION SECURITY ADMINISTRATION, et. al., Defendants.
ORDER
AND NOW, this 27 of February, 2012, upon consideration of Defendants' Motion to Dismiss the Third Amended Complaint (Doc. No. 40), Plaintiff's Response in opposition thereto (Doc. No. 63), Defendants' Reply {Doc. No. 66) and Plaintiff's Sur-Reply (Doc. No. 76), it is hereby ORDERED that {1) The Motion is DENIED as to the following claims:
(A) Plaintiff Pellegrino's Claims for Property Damage, False Arrest/Imprisonment, Malicious Prosecution and Civil Conspiracy under the Federal Torts Claim Act (FTCA) Against Defendant United States;
(B) Plaintiff Pellegrino's Bivens Claims for Malicious Prosecution and Conspiracy to Engage in Malicious Prosecution under the First and Fourth Amendments Against Defendants TSOs Abdul-Malik and Labbee in their individual capacities;
(C) Plaintiffs' Claim Against Defendant U.S.
Transportation Security Administration (TSA) for Failure to Comply with Request for Records Pursuant to the Freedom of Information Act (FOIA) and the Privacy Act;
(2) The Motion is GRANTED as to all other potential claims and those claims are DISMISSED;
(3) Defendant TSA is directed to produce a Vaughn Index for the remaining withheld documents pertaining to Plaintiff Pellegrino within 45 days of the date of this Order.
BY THE COURT:
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J. CURTIS JOYNER, C. J