Poteat v. Lydon

Full title: ANTOINE POTEAT, Plaintiff, v. GERALD LYDON, et al., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Jan 7, 2022

5:21-cv-03117 (E.D. Pa. Jan. 7, 2022)

Opinion

5:21-cv-03117

01-07-2022

ANTOINE POTEAT, Plaintiff, v. GERALD LYDON, et al., Defendants.

JOSEPH F. LEESON, JR., UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR., UNITED STATES DISTRICT JUDGE

AND NOW, this 7^th day of January, 2022, upon consideration of Defendants' Motions to Dismiss, ECF Nos. 23 and 24, Plaintiff's response thereto, ECF No. 26, and for the reasons set forth in the Court's Opinion issued this date, IT IS HEREBY ORDERED THAT:

1. Defendants' Motions to Dismiss, ECF Nos. 23 and 24, are GRANTED.

a. Plaintiff's Fourth Amendment claim, Count I, and false imprisonment claim, part of Count IV, are DISMISSED with prejudice as against all Defendants.

b. The remainder of Plaintiff's claims-Count II, Count III, the remainder of Count IV, and Count V-are DISMISSED without prejudice as against all Defendants.

2. On or before January 20, 2022, Plaintiff is permitted leave to file an amended complaint as to only those claims dismissed without prejudice.