MILLER v. OFFICE OF CHILDREN, YOUTH AND FAMILIES OF ALLEGHENY COUNTY et al
Filing
23
ORDER indicating that, for reasons stated within Defendant OFFICE OF CHILDREN, YOUTH AND FAMILIES OF ALLEGHENY COUNTY's Motion to Dismiss (Plaintiff's Second Amendend Complaint) 16 is granted. Signed by Judge Nora Barry Fischer on 7/30/13. (jg)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DANIEL K. MILLER,
Plaintiff,
vs.
OFFICE OF CHILDREN, YOUTH and
FAMILIES OF ALLEGHENY COUNTY and
THE HONORABLE JUDGE DONALD
WALKO,
Defendants.
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Civil Action No. 13-315
Judge Nora Barry Fischer
ORDER
AND NOW, this 30th day of July, 2013, upon consideration of Defendant Office of
Children, Youth, and Families of Allegheny County’s (“CYF ”) Motion to Dismiss (Docket No.
[16]) and Brief in Support (Docket No. [17]), seeking dismissal of Plaintiff’s §1983 claims
against it because CYF is a sub-unit of Allegheny County and cannot be sued, to which Plaintiffs
have failed to timely respond within 21 days as required under the Court’s Order on Motions
Practice entered on June 24, 2013, (Docket No. 14), and after evaluating the allegations in
Plaintiff’s Complaint in light of Ashcroft v. Iqbal, 556 U.S. 662 (2009), Bell Atl. Corp. v.
Twombly, 550 U.S. 544 (2008), and Third Circuit precedent, including Santiago v. Warminster
Twp., 629 F.3d 121, 130 (3d Cir. 2010),
IT IS HEREBY ORDERED that the CYF’s Motion to Dismiss [16] is GRANTED. In so
holding, counsel should be aware, that this Court and others have routinely found that Allegheny
County CYF is a subunit of Allegheny County, and as a subunit, lacks the capacity to be sued
under §1983. See Breakwell v. Allegheny County, Civ. No. 08-389, 2008 WL 3895698, *4
(W.D. Pa. 2008) (Fischer, J.); Patterson v. Armstrong County Children and Youth Services, 141
F. Supp. 2d 512, 542-43 (W.D. Pa. 2001) (Lee, J.); Livingston v. Allegheny Cnty., Civ. No. 071010, 2010 WL 376318 (W.D. Pa. Jan. 27, 2010) (Lenihan, J), aff’d, 400 F. App’x 659 (3d Cir.
2010).
s/Nora Barry Fischer
United States District Judge
cc/ecf: All counsel of record.
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