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Linskey v. Guariglia

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Apr 16, 2012
CIVIL ACTION NO. 3:11-2509 (M.D. Pa. Apr. 16, 2012)

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. Fox

Opinion

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


Summaries of

Linskey v. Guariglia

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Apr 16, 2012
CIVIL ACTION NO. 3:11-2509 (M.D. Pa. Apr. 16, 2012)

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. Fox

considering school board meeting minutes attached to brief in opposition to motion to dismiss

Summary of this case from Rollins v. Clark Edrehi
Case details for

Linskey v. Guariglia

Case Details

Full title:ROBERT LINSKEY, Plaintiff, v. ANTHONY GUARIGLIA, ROSS LATONA, MARTIN…

Court:UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Date published: Apr 16, 2012

Citations

CIVIL ACTION NO. 3:11-2509 (M.D. Pa. Apr. 16, 2012)

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