Burkhart v. Knepper

MEMORANDUM OPINION AND ORDER OF COURT

GIBSON, District Judge.

SYNOPSIS

This case is before the Court on the Defendant Clark’s (hereinafter “Clark”), Defendant City of Johnstown Police Department’s (hereinafter “Department”), Defendant Donato Zucco’s (hereinafter “Zueco”) and Defendant City of Johns-town’s (hereinafter “Johnstown”) joint Motion to Dismiss. For the reasons set forth in following Memorandum Opinion, the Motion to Dismiss is denied in part and granted in part.

FACTUAL BACKGROUND

On June 10, 2002 Susan L. Fyock (hereinafter “Fyock”) was shot and killed by Craig A. Knepper (hereinafter…