Smith v. Doherty

ORDER

BUA, District Judge.

Plaintiff Walter Smith alleges that defendant John Doherty, a police officer, deprived him of his constitutional rights in violation of 42 U.S.C. § 1983. In addition, plaintiff asserts two state law claims against defendant, battery and malicious prosecution. Defendant has moved to dismiss these claims pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons stated herein, plaintiffs claims are dismissed without prejudice.

FACTS

When ruling on a motion to dismiss, the court must accept as true the well-pleaded allegations in a plaintiffs amended complaint. Gomez v. Illinois…