IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

VICTORIA J. DITTRICH, )

 INDIVIDUALLY, ) Civil Action

CANDACE DITTRICH, INDIVIDUALLY, ) No. 03-CV-6128

SUEANN KLINE, INDIVIDUALLY AND )

 AS THE PARENT AND NATURAL )

 GUARDIAN OF THE THREE MINOR )

 CHILDREN, SHYLA KLINE, )

 SERRIA KLINE AND )

 MONTEZ JACKSON, )

GREGORY GLASS, INDIVIDUALLY, and )

JEREMIAH M. HARTMAN, )

 INDIVIDUALLY, )

 ) 

Plaintiffs ) 

 )

vs. )

 )

RICHARD J. SEEDS, IN HIS OWN )

 PERSON AND IN HIS OFFICIAL )

 CAPACITY AS CONSTABLE OF THE )

 COMMONWEALTH OF PENNSYLVANIA, )

GREG BALLIET, IN HIS OWN PERSON )

 AND IN HIS OFFICIAL CAPACITY )

 AS CONSTABLE OF THE )

 COMMONWEALTH OF PENNSYLVANIA, )

VINCENT A. STAHL, IN HIS OWN )

 PERSON AND IN HIS OFFICIAL )

 CAPACITY AS CONSTABLE OF THE )

 COMMONWEALTH OF PENNSYLVANIA, )

 )

Defendants )

DAVID JONES, )

 ) Civil Action

Plaintiff ) No. 04-CV-1302

 )

vs. )

 )

RICHARD J. SEEDS; )

GREG BALLIET; and )

VINCENT A. STAHL, )

 )

Defendants )

Case 2:04-cv-01302-JKG Document 60 Filed 09/29/05 Page 1 of 6
-iiO R D E R

NOW, this 28th day of September, 2005, upon

consideration of the Statement of Uncontroverted Material Facts

and Motion for Summary Judgment of Defendants Richard J. Seeds

and Vincent A. Stahl, which motion was filed October 29, 2004;

upon consideration of the Answer of Plaintiffs to the Motion for

Summary Judgment of Defendants Richard J. Seeds and 

Vincent A. Stahl, which answer was filed November 12, 2004; upon

consideration of the Statement of Uncontroverted Material Facts

and Motion for Summary Judgment on Behalf of Defendant 

Greg Balliet, which motion was filed October 27, 2004; upon

consideration of the Answer of Plaintiffs’ to Motion for Summary

Judgment on Behalf of Defendant, Greg Balliet, which answer was

filed November 10, 2004; upon consideration of the Statement of

Uncontroverted Material Facts and Motion for Summary Judgment of

Plaintiffs, Victoria J. Dittrich; Candace Dittrich; Sueann Kline,

Individually and as the Parent and Natural Guardian of Three

Minor Children: Shyla Kline, Serria Kline, and 

Montez Jackson; Gregory Glass; and Jeremiah M. Hartman, which

motion was filed October 29, 2004; upon consideration of the

Statement of Controverted Material Facts and Response of

Defendants Richard J. Seeds and Vincent A. Stahl to the Motion

for Summary Judgment of Plaintiffs, which response was filed

November 10, 2004; upon consideration of the Answer of Defendant 

Case 2:04-cv-01302-JKG Document 60 Filed 09/29/05 Page 2 of 6
1

By Order of the undersigned dated May 20, 2004, we approved the

Stipulation of all parties to consolidate these two actions for all purposes.

-iiiGreg Balliet to Plaintiffs’ Motion for Summary Judgment, which

answer was filed November 10, 2004; upon consideration of the

pleadings, record papers, exhibits and depositions submitted by

the parties; upon consideration of the briefs of the parties;

after oral argument conducted before the undersigned 

March 22, 2005; and for the reasons articulated in the

accompanying Opinion,1

IT IS ORDERED that the motions for summary judgment of

defendants Seeds, Stahl and Balliet are granted in part and

denied in part.

IT IS FURTHER ORDERED that the motions for summary

judgment of defendants Seeds, Stahl and Balliet based upon

qualified immunity are denied.

IT IS FURTHER ORDERED that the motions for summary

judgment of defendants Seeds, Stahl and Balliet based upon

derivative immunity are denied.

IT IS FURTHER ORDERED that the motions for summary

judgment of defendants Seeds, Stahl and Balliet for dismissal of

plaintiffs’ claims for intentional infliction of emotional

distress is granted in part and denied in part.

IT IS FURTHER ORDERED that defendants’ motion for

summary judgment on the claims of Candace Dittrich; Sueann Kline,

Individually and as the Parent and Natural Guardian of Shyla

Case 2:04-cv-01302-JKG Document 60 Filed 09/29/05 Page 3 of 6
-ivKline, Serria Kline, and Montez Jackson; Gregory Glass; and

Jeremiah M. Hartman for intentional infliction of emotional

distress is granted.

IT IS FURTHER ORDERED that Count Nine of the Complaint 

is dismissed as it relates to Candace Dittrich; Sueann Kline,

Individually and as the Parent and Natural Guardian of Three

Minor Children: Shyla Kline, Serria Kline, and 

Montez Jackson; Gregory Glass; and Jeremiah M. Hartman 

IT IS FURTHER ORDERED that defendants’ motions for

summary judgment on the claim of plaintiff Victoria Dittrich for

intentional infliction of emotional distress are denied.

IT IS FURTHER ORDERED that the motions of defendants

Seeds, Stahl and Balliet for summary judgment on the claims of

plaintiffs for punitive damages are granted in part and denied in

part.

IT IS FURTHER ORDERED that plaintiffs’ claims for

punitive damages in their federal causes of action (Counts Five,

Seven and Eight in case number 03-CV-06128 (the “Dittrich

Complaint”) and that portion of Count One alleging unlawful

seizure of a dog in violation of the Fourth Amendment of the

United States Constitution, and Count Two, in case number 

04-CV-01302 (the “Jones Complaint”)) are dismissed.

IT IS FURTHER ORDERED that, in all other regards,

concerning plaintiffs’ claims for punitive damages (in

Case 2:04-cv-01302-JKG Document 60 Filed 09/29/05 Page 4 of 6
-vplaintiffs’ remaining pendent state-law causes of action),

defendants’ motions for summary judgment are denied.

IT IS FURTHER ORDERED that the motions for summary

judgment of defendants Seeds, Stahl and Balliet for dismissal of

plaintiffs’ claims of deprivation of property interests in

violation of the Fourteenth Amendment are granted.

IT IS FURTHER ORDERED that Count Seven of the Complaint

of Victoria J. Dittrich; Candace Dittrich; Sueann Kline,

Individually and as the Parent and Natural Guardian of Three

Minor Children: Shyla Kline, Serria Kline, and 

Montez Jackson; Gregory Glass; and Jeremiah M. Hartman is

dismissed.

IT IS FURTHER ORDERED that Count Two of the Complaint

of David Jones is dismissed.

IT IS FURTHER ORDERED that the motions for summary

judgment of defendants Seeds, Stahl and Balliet for dismissal of

plaintiffs’ claim of violations of the Fourth Amendment through

unlawful entry, unlawful search and seizure, and unreasonable and

excessive use of force are denied.

IT IS FURTHER ORDERED that the motions for summary

judgment of defendants Seeds, Stahl and Balliet for dismissal of

plaintiffs’ claims of conspiracy are denied.

IT IS FURTHER ORDERED that the motions for summary

judgment of defendants Seeds, Stahl and Balliet for dismissal of

Case 2:04-cv-01302-JKG Document 60 Filed 09/29/05 Page 5 of 6
-viall of plaintiffs’ claims against defendant Stahl are denied.

IT IS FURTHER ORDERED that plaintiffs’ motion for

summary judgment is denied in its entirety (including on

plaintiffs’ claims for trespass, conspiracy, and plaintiffs’

Fourth and Fourteenth Amendment claims).

BY THE COURT:

/s/ James Knoll Gardner 

James Knoll Gardner

United States District Judge

Case 2:04-cv-01302-JKG Document 60 Filed 09/29/05 Page 6 of 6