Galarza v. Szalczyk, Civil Action No. 10-cv-06815

• Decision Date: 30 March 2012
• Docket Number: Civil Action No. 10-cv-06815
• Parties: ERNESTO GALARZA Plaintiff v. MARK SZALCZYK, GREG MARINO, and CHRISTIE CORREA, in their individual capacities, and CITY OF ALLENTOWN, and LEHIGH COUNTY, Defendants
• Court: U.S. District Court — Eastern District of Pennsylvania

ERNESTO GALARZAPlaintiff

v.MARK SZALCZYK, GREG MARINO, and CHRISTIE CORREA, in their individual capacities,and CITY OF ALLENTOWN, and LEHIGH COUNTY, Defendants

Civil Action No. 10-cv-06815

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Dated: March 30, 2012

ORDER

Now, this 30th day of March, 2012, upon consideration of the following documents:

(1)DefendantMark Szalczyk's Motion to Dismiss the Amended Complaint, which motion to dismiss was filed May 20, 2011(Document 55); together with

(A) Memorandum of Law in Support of DefendantMark Szalczyk's Motion to Dismiss the Amended Complaint, which memorandum of law was filed May 20, 2011(Document 55);

(B)Plaintiff's Memorandum in Opposition to Defendant Szalczyk's Motion to Dismiss, which memorandum was filed June 20, 2011(Document 63); and

(C)DefendantMark Szalczyk's Reply in Support of His Motion to Dismiss the Amended Complaint, which reply was filed on July 1, 2011(Document 64);

(2)DefendantGregory Marino's Motion to Dismiss the Amended Complaint, which motion to dismiss was filed June 17, 2011(Document 62); together with

(A) Memorandum of Law in Support of DefendantGregory Marino's Motion to Dismiss the Amended Complaint, which memorandum of law was filed June 17, 2011(Document 62); and

(B)Plaintiff's Memorandum in Opposition to Defendant Marino's Motion to Dismiss, which memorandum was filed July 8, 2011(Document 67);(3)Defendants, City of Allentown and Christie Correa's Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), which motion to dismiss was filed April 25, 2011(Document 51)("Allentown/Correa Motion"); together with

(A) Memorandum of Law in Support of Defendants, City of Allentown and Christie Correa's Motion to Dismiss Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), which memorandum of law was filed April 25, 2011(Document 51-1); and

(B)Plaintiff's Memorandum in Opposition to Motion to Dismiss by Defendants City of Allentown and Christie Correa, which memorandum was filed May 23, 2011(Document 57);

(4)DefendantLehigh County's Motion to Dismiss the First Amended Complaint Under F.R.C.P. 12(b)(6), which motion to dismiss was filed April 25, 2011(Document 50); together with

(A)DefendantLehigh County's Memorandum of Law in Support of Its Motion to Dismiss the First Amended Complaint UnderF.R.C.P. 12(b)(6), which memorandum of law was filed April 25, 2011(Document 50-1); and

(B)Plaintiff's Memorandum in Opposition to Defendant Lehigh County's Motion to Dismiss the First Amended Complaint UnderF.R.C.P. 12(b)(6), which memorandum was filed May 23, 2011(Document 58); and

(5) First Amended Complaint, filed by plaintiff on April 6, 2011(Document 46); together with

(A) Exhibit A, "Allentown Police Department and Immigration and Custom[s] Enforcement (ICE) Collaboration", undated (Document 46-1);

(B-1)Exhibit B, U.S. ICE Detainer for plaintiffErnesto Galarza, dated November 21, 2008, and signed by defendantMark Szalczyk, (Document 46-1); and

(B-2)Exhibit B, cancellation of U.S. ICE Detainer for plaintiffErnesto Galarza, dated November 24, 2008;

after oral argument held December 15, 2011; and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that DefendantMark Szalczyk's Motion to Dismiss the Amended Complaint is granted in part and denied in part.

IT IS FURTHER ORDERED that plaintiff's procedural due process claim against defendantMark Szalczyk is dismissed from the First Amended Complaint.

IT IS FURTHER ORDERED that DefendantMark Szalczyk's Motion to Dismiss the Amended Complaint is denied to the extent that it seeks to dismiss plaintiff's Fourth Amendment and equal protection claims against defendantMark Szalczyk.

IT IS FURTHER ORDERED that DefendantGregory Marino's Motion to Dismiss the Amended Complaint is granted.

IT IS FURTHER ORDERED that plaintiff's...