Summary
finding that the plaintiff had failed to allege causation based on temporal proximity where the difference in time between Plaintiff's protected activity and the corresponding retaliatory action was over eighteen months
Summary of this case from Scrip v. SenecaOpinion
CIVIL ACTION NO. 3:12-0553
08-10-2012
DONALD A. CARROLL Plaintiff, v. CLIFFORD TOWNSHIP, DENNIS KNOWLTON, Individually and in his Official Capacity as Chairman/Supervisor, and CHRIS MARCHO, Individually and in his Official Capacity as Supervisor, Defendants.
(JUDGE CAPUTO)
ORDER
NOW, this 10th day of August, 2012, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Doc. 9) is GRANTED in part and DENIED in part as follows:
(1) Defendants' motion to dismiss all claims against Clifford Township is GRANTED. All claims against Clifford Township are dismissed without prejudice.
(2) Defendants' motion to dismiss Counts I, III, and IV of the Amended Complaint is GRANTED. Counts I, III, and IV of the Amended Complaint are dismissed without prejudice.
(3) Defendants' motion to dismiss Count II of the Amended Complaint against individual Defendants is DENIED.
(4) Plaintiff has twenty-one (21) days from the date of entry of this Order to file a Second Amended Complaint to properly plead his claims against Defendant Clifford Township and his retaliation claims against individual Defendants; otherwise, the claims will be dismissed with prejudice.
______________________
A. Richard Caputo
United States District Judge