Summary
finding sufficient allegations of causation in a First Amendment retaliation case, where plaintiff "was requested to vote for the favored [school board] candidate on August 9, 2011, at some point thereafter he voted against hiring the candidate requested by Defendant, and on September 20, 2011, he was removed as Representative to the LIU [Luzerne Intermediate Unit]"
Summary of this case from Davis v. FoxOpinion
CIVIL ACTION NO. 3:11-2509
04-16-2012
ROBERT LINSKEY, Plaintiff, v. ANTHONY GUARIGLIA, ROSS LATONA, MARTIN QUINN, MARK SINGER, and BRUCE KNICK, in their Individual and Official Capacities, Defendants.
(JUDGE CAPUTO)
ORDER
NOW, this 16th day of April, 2012, IT IS HEREBY ORDERED that:
(1) Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. 7) is GRANTED in part and DENIED in part.
(2) Defendants' motion to dismiss Count III of the Second Amended Complaint is GRANTED and the improper state ouster claim is dismissed. Plaintiff has twenty-one (21) days from the date of this Order to amend the Second Amended Complaint to properly plead this claim; otherwise, the improper state ouster claim is dismissed with prejudice.
(3) Defendants' motion to dismiss Count I and Count II of the Second Amended Complaint is DENIED.
_________________
A. Richard Caputo
United States District Judge