Summary
finding that a plaintiff's allegations that a private engineering firm irrationally singled out plaintiffs for disparate treatment and conspired with township defendants to prevent them from occupying their home, resulting in a temporary loss of the use and enjoyment of their property, adequately alleged that the firm acted under color of state law
Summary of this case from Advantage Point, L.P. v. Borough of KutztownOpinion
2:06cv501, Electronic Filing.
September 7, 2006
MEMORANDUM ORDER
AND NOW, this 7th day of September, 2006, after motions to dismiss or, in the alternative, for a more definite statement were submitted by the defendants, and after a Report and Recommendation was issued by the United States Magistrate Judge, and the parties were granted ten days after being served with a copy to file written objections thereto, and upon consideration of the objections filed by the parties, as well as the plaintiffs' responses to the defendants' objections, and after independent review of the pleadings and the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS ORDERED that the motion to dismiss filed by defendants Scott Township, its Board of Commissioners, and the individually named Commissioners (Document No. 20) is granted as to the plaintiffs' procedural due process claim in Count I of the complaint and as to the plaintiffs' prayer for punitive damages against Scott Township, its Board of Commissioners and the Commissioners named in their official capacities and denied in all other respects, that their alternate motion for a more definite statement (w/Document No. 20) is denied, that the motion to dismiss submitted by defendant Lennon, Smith, Souleret Engineering, Inc. (Document No. 6) is granted as to the plaintiffs' procedural due process claim in Count I of the complaint and as to the prayer for punitive damages against it in its official capacity and denied in all other respects, and that its alternate motion for a more definite statement (w/Document No. 6) is denied.