Opinion
CIVIL ACTION NO. 3:11-CV-1639
06-29-2012
JACQUELINE SHEARE and TREVOR R. SHEARE, Plaintiffs, v. BOROUGH OF OLYPHANT and OFFICER LEWIS KLINE, Defendants.
(JUDGE CAPUTO)
ORDER
NOW, this 29th day of June, 2012, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (Doc. 15) is GRANTED in part and DENIED in part.
(1) Defendants' Motion to Dismiss Count Two is GRANTED and the Monell claim is DISMISSED with prejudice.
(2) Defendants' Motion to Dismiss Count Three is GRANTED and the Abuse of Process claim is DISMISSED with prejudice.
(3) The Motion to Dismiss is otherwise DENIED. Plaintiffs may proceed on the 42 U.S.C. § 1983 False Arrest claim, the Intentional Infliction of Emotional Distress claim, and the Loss of Consortium claim.
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A. Richard Caputo
United States District Judge