Opinion
Civil Action 20-2493
03-14-2022
BYRON QUINN-WINNE v. COMMONWEALTH OF PENNSYLVANIA et al.
ORDER RE: DEFENDANTS' MOTION TO DISMISS
MICHAEL M. BAYLSON, U.S.D.J.
AND NOW, on this 14th day of March, 2022, for the reasons stated in the foregoing Memorandum and after careful consideration of Defendants Commonwealth of Pennsylvania, State Trooper Christopher F. Tustin, and State Police Commissioner Robert Evanchick's Motion to Dismiss (ECF 20) and Plaintiff Byron Quinn-Winne's Response (ECF 11), it is hereby ORDERED that the Motion is GRANTED in part.
1. Count II of the Complaint is DISMISSED with prejudice as to Defendant Commonwealth of Pennsylvania.
2. Counts II and III of the Complaint are DISMISSED without prejudice as to Defendants Commissioner Evanchick and Trooper Tustin, and with leave to amend within fourteen (14) days. 1