E.D. v. SHARKEY et al, No. 5:2016cv02750 - Document 57 (E.D. Pa. 2017)

Court Description: OPINION/ORDER THAT THE MOTION TO DISMISS OF THE DEFENDANT, JEREMIAH PETREY (DOC. NO. 36) IS GRANTED. THE MOTION TO DISMISS OF THE DEFENDANT, THOMAS DECKER (DOC. NO. 44) IS GRANTED. THE PLAINTIFF SHALL HAVE FOURTEEN DAYS FROM THE DATE OF THIS ORDER TO FILE A THIRD AMENDED COMPLAINT. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/16/17. 5/16/17 ENTERED AND COPIES E-MAILED. (ky, )

Download PDF
E.D. v. SHARKEY et al Doc. 57 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA E.D., Plaintif, CIVIL ACTION NO. 16-2750 v. DANIEL SHARKEY, BERKS COUNTY RESIDENTIAL CENTER-IMMIGRATION FAMILY CENTER (BCRC-IFC), COUNTY OF BERKS, PENNSYLVANIA, THOMAS DECKER, ICE Field Oice Director, DIANE EDWARDS, Director of BCRC-IFC, JEREMIAH I JOSH PETREY, ICE Employee; JOHN BEHM, JAMIE HIMMELBERGER, BITTANY ROTHERMEL, ERIKA TAYLOR, and MATTHEW MALINOWSKI, Deendants. ORDER AND NOW, this 16th day of May, 2017, ater considering the allegations in the second amended complaint (Doc. No. 31), the separately-iled motions to dismiss of the deendants, Jeremiah Petr y and Thomas Decker (Doc. Nos. 36, 44), the plaintiffs responses to the motions (Doc. Nos. 38, 53), and the deendnts' replies (Doc. Nos. 39, 55); accordingly, and or the reasons set orth in the separately-iled memorandum opinion, it is hereby ORDERED as ollows: 1. The motion to dismiss of the deendant, Jeremiah Petrey (Doc. No. 36), is GRANTED. Count II against Petrey is DISMISSED WITHOUT PREJUDICE and Count V against Petrey is 2. DISMISSED WITH PREJUDICE; The motion to dismiss of the deendnt, Thomas Decker (Doc. No. 44), is GRANTED. Counts II, III, and V against Decker are DISMISSED WITH PREJUDICE; and Dockets.Justia.com 3. The plaintif shall have ourteen (14) days rom the date of this order to ile a third mended complaint. BY THE COURT: EDWARD G. SMITH, J. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.