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HECKENSWEILER v. McLAUGHLIN

Civil No. 06-4151.

517 F.Supp.2d 707 (2007)

Deborah HECKENSWEILER, on her own behalf, and as Administratrix of the Estate of John Heckensweiler, deceased, et al., Plaintiffs, v. Chief Brian K. McLAUGHLIN, et al., Defendants.

United States District Court, E.D. Pennsylvania.

May 21, 2007.

Attorney(s) appearing for the Case

John P. Karoly, Jr., John Peter Karoly, III, Karoly Law Offices, P.C., Allentown, PA, for Plaintiff's.

Joseph J. Santarone, Jr., Christopher Paul Boyle, Marshall Dennehey Warner Coleman & Goggin, King of Prussia, PA, Randall J. Henzes, Office of Attorney General, Philadelphia, PA, Andrew J. Bellwoar, Siana Bellwoar & McAndrew LLP, Chester Springs, PA, Emil F. Toften, Emil F. Toften and Associates, Chalfont, PA, for Defendants.

MEMORANDUM OPINION AND ORDER

CYNTHIA M. RUFE, District Judge,

This matter comes before the Court on three motions to dismiss the Complaint, filed under Federal Rule of Civil Procedure 12(b)(6). After reviewing the Complaint, Defendants' briefs, and Plaintiffs' briefs in opposition, the Court will GRANT IN PART and DENY IN PART the motions, for the reasons explained below.

BACKGROUND

The facts underlying...

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