Opinion
Civil Action 21-1347
03-31-2022
EVAN RICHARDSON, Plaintiff, v. SOLICITOR MONTGOMERY COUNTY, PA, et al., Defendants.
ORDER
CYNTHIA M. RUFE, J.
AND NOW, this 31st day of March 2022, upon consideration of the Norriton Defendants' Motion to Dismiss [Doc. No. 3], County Defendants Motion to Dismiss [Doc. No. 4], and the related briefing, and for the reasons set forth in the Memorandum Opinion to follow, it is hereby ORDERED that the Motions are GRANTED in part and DENIED in part, as follows:
1. The motion to dismiss Plaintiff's 42 U.S.C. § 1983 claims against Defendant Frame on the basis of absolute immunity is DENIED.
2. The motion to dismiss Plaintiff's state law claims against Defendant Frame on the basis of absolute immunity is GRANTED, and these claims are DISMISSED with prejudice.
3. The motion to dismiss Plaintiff's 42 U.S.C. § 1983 and state law claims against Defendant Naber on the basis of qualified immunity is DENIED without prejudice.
4. The motion to dismiss Plaintiff's 42 U.S.C. § 1983 abuse of process claim against Defendants Naber and Frame is DENIED.
5. The motions to dismiss Plaintiff's 42 U.S.C. § 1983 claims against Defendants West Norriton Township and Montgomery County due to failure to plead viable Monell claims are GRANTED. These claims are DISMISSED without prejudice.
6. The motions to dismiss Plaintiff's 42 U.S.C. §§ 1983 and 1985 conspiracy claims are GRANTED for failure to state plausible claims. These claims are DISMISSED without prejudice.
7. The motions to dismiss Plaintiff's battery, false imprisonment, and intentional infliction of emotional distress claims against Defendants West Norriton Township and Montgomery County are GRANTED. These claims are DISMISSED with prejudice.
8. The motion to dismiss Plaintiff's consortium claim against all Defendants is GRANTED. This claim is DISMISSED with prejudice.
9. To the extent that Defendants' motions incorporate motions to strike, these motions are
GRANTED subject to amendment.
It is further ORDERED that Plaintiff is granted leave to file an amended complaint on or before April 22, 2022.
It is so ORDERED.