Summary
finding that state law determines whether a property interest is present in government employment and that a plaintiff may argue constructive reduction in rank in place of actual reduction in rank
Summary of this case from Williams v. City of AllentownOpinion
CIVIL NO. 09-3981.
March 21, 2011
ORDER
AND NOW, this 21st day of March, 2011, upon consideration of Defendants' Motion to Dismiss the Second Amended Complaint [Doc. No. 18], it is hereby ORDERED that Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Count IV of Plaintiff's complaint is DISMISSED, as are Count II's § 1983 claims for Fourteenth Amendment violations. Counts I and III remain; Count II's § 1983 claims for First Amendment violations also remain, for the reasons set forth in the attached Memorandum option.
The Clerk is DIRECTED to mark the docket in this matter as terminating Lt. Arch in his Official Capacity.
It is so ORDERED.