Opinion
Civil Action 23-CV-3000
03-05-2024
SMOOTH VAPE, LLC, Plaintiffs, v. LANCASTER COUNTY PENNSYLVANIA, et al., Defendants.
ORDER
CHAD F. KENNEY, JUDGE
AND NOW, this 5th day of March 2024, upon consideration of Defendants' Motion for Judgment on the Pleadings (ECF No. 19), it is hereby ORDERED that this motion is granted in part and denied in part, for the reasons stated in the Court's Memorandum, as follows:
The Court will not address Plaintiff's claim for declaratory judgment because the issue of whether Smooth Vape's items were legal or illegal under Pennsylvania and/or federal law at the time of search and seizure is not relevant at this stage of proceedings.
• Judgment in favor of Defendants Adams, Krause, and John Does 1-3 on Count I (Illegal Search and Seizure) is DENIED.
• Judgment in favor of Defendant Lancaster County on Count II (Monell Claim) is GRANTED and Count II is dismissed. Lancaster County is dismissed from this case.