Opinion
Civil Action 23-4774
07-09-2024
MICHAEL ROBINSON, Plaintiff v. KEVIN HUTCHINSON, INDIVIDUALLY AND D/B/A UBREAKIFIX BY ASURION; OFFICER RYAN M. WIEGAND, BADGE NUMBER 39, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; and EAST LAMPETER TOWNSHIP POLICE DEPARTMENT, Defendants
ORDER
Jeffrey L. Schmehl, J.
AND NOW, this 9th day of July, 2024, upon review of Defendants' Motions to Dismiss Plaintiff's Complaint and Plaintiff's opposition thereto, it is hereby ORDERED as follows:
1. The Motion to Dismiss of Defendant, Kevin Hutchinson (ECF No. 5) is GRANTED and Defendant Hutchinson is dismissed from this action;
2. The Motion to Dismiss of Defendants, Officer Ryan Wiegand and East Lampeter
Township Police Department (ECF No. 6) is GRANTED as follows;
a. Plaintiff's claims for defamation and malicious prosecution are DISMISSED with prejudice;
b. Plaintiff's claim under section 1983 against East Lampeter Township Police Department is DISMISSED with prejudice;
c. Plaintiff's free speech, due process, and equal protection claims against Officer Wiegand only are DISMISSED without prejudice, and Plaintiff may file an Amended Complaint as to Officer Wiegand ONLY on those three claims within twenty days, if he can do so in compliance with the Federal Rules of Civil Procedure. No other Defendants or claims shall be included in Plaintiff's Amended Complaint.