JAGER et al v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, No. 3:2020cv00015 - Document 41 (W.D. Pa. 2021)

Court Description: MEMORANDUM OPINION AND ORDER granting 29 Motion to Dismiss for Failure to State a Claim. It is further Ordered that Plaintiffs' Motion for Reconsideration of the Dismissal with Prejudice of the claims against the Pennsylvania Department of En vironmental Protection (ECF No. 18 ) is DENIED and the claims against the Pennsylvania Department of Environmental Protection remain DISMISSED WITH PREJUDICE. It is further Ordered that the Plaintiffs' claims against Dawn Herb, Michael Tomei, and Elliot Heggenstallar in their official capacities are DISMISSED WITH PREJDUICE. It is further Ordered that the Plaintiffs' state law claims against Dawn Herb, Michael Tomei, and Elliot Heggenstallar in their personal capacities are DISMISS ED WITH PREJUDICE. It is further Ordered that the Plaintiffs' 42 U.S.C. Section 1983 claims against Dawn Herb, Michael Tomei, and Elliot Heggenstallar in their personal capacities are DISMISSED WITHOUT PREJUDICE. Plaintiffs shall have until 4/26/2021 to file a Second Amended Complaint, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 3/29/2021. (dlg)