District Court, W.D. Pennsylvania May 31, 2012, Civil Action No. 3:10-CV-222 (Thrower v. Pennsylvania)

MEMORANDUM OPINION AND ORDER OF COURT

KIM R. GIBSON, District Judge.

I. SYNOPSIS

This matter comes before the Court on Defendants’ “Motion to Dismiss Counts I, II, V, and VI of Plaintiffs Third Amended Complaint” (Doc. No. 35) pursuant to Federal Rule of Civil Procedure 12(b)(6), which Plaintiff opposes. For the reasons that follow, the motion is GRANTED in part and DENIED in part.

II.