SMITHWICK v. KULIK et al, No. 2:2018cv01057 - Document 15 (W.D. Pa. 2019)

Court Description: OPINION AND ORDER AND NOW, this 2md day of April, 2019, after careful consideration of Smithwicks Complaint (ECF No. 1), Kulik and Kearneys Motion to Dismiss and Brief in Support (ECF Nos. 7 and 8), Smithwicks Response in Opposition (ECF No. 11), the arguments of counsel, the Supplement submitted by Smithwick (ECF No. 14), and for the foregoing reasons, Kulik and Kearneys Motion to Dismiss is granted. Count A is dismissed. Smithwicks claims for malicious prosecution, false arrest, and illega l detention, within Count B, are dismissed. Any amendment to those claims is deemed futile. The Court declines to exercise jurisdiction over the remaining Count B claims of Invasion of Privacy, Assault, and Battery. Therefore those claims are dismissed without prejudice to Plaintiffs recourse to re-file in state court. Signed by Judge Marilyn J. Horan on 4/2/2019. (bjl)