Opinion
Civil Action 21-4936
04-05-2022
GREGORY G. STAGLIANO, Plaintiff, v. JUDGE MICHAEL COLL, et al., Defendants.
ORDER
EDUARDO C. ROBRENO, J.
AND NOW, this 5th day of April, 2022, after considering Defendants' motions to dismiss and Plaintiff's responses thereto, and for the reasons stated in the accompanying memorandum, it is hereby ORDERED that Defendants' motions to dismiss [ECF Nos. 29, 30, 31, 34, 36] are GRANTED as follows:
1. Plaintiff's claims against Prosecutorial Defendants Mary Mann, Michelle Deery, Katayoun Copeland, William Judge, and Judge John Whelan are DISMISSED with prejudice;
2. Plaintiff's claims against DHS Defendants the Pennsylvania Department of Human Services, Secretary Teresa D. Miller, Jessica Keith, and Patrick Marano are DISMISSED with prejudice;
3. Plaintiff's claims against Judicial Defendants Judge Michael Coll and Judge James Bradley are DISMISSED with prejudice;
4. Plaintiff's claims against the Delaware County Board of Judges are DISMISSED with prejudice; and
5. Plaintiff's claims against County Defendants the County of Delaware and The GEO Group, Inc. are DISMISSED without prejudice. Plaintiff is granted leave to amend his Monell claims against the County of Delaware and The GEO Group, Inc. Plaintiff is afforded until April 25, 2022 to file an amended complaint. If Plaintiff fails to do so, the Court will conclude that he intends to stand on his initial complaint.
The docket incorrectly names this entity as Geo, Inc. The formal name of the entity is The GEO Group, Inc. The entity's name on the docket shall be changed to The GEO Group, Inc.
It is further ORDERED that because Plaintiff has failed to serve the Commonwealth of Pennsylvania, Plaintiff's claims against the Commonwealth of Pennsylvania are DISMISSED without prejudice for lack of prosecution.
Even if the Commonwealth of Pennsylvania had been served, Plaintiff's claims against it would be barred by Eleventh Amendment immunity.
AND IT IS SO ORDERED.