Barrett v. City of Allentown

MEMORANDUM AND ORDER

HUYETT, District Judge.

Defendants, the City of Allentown, Joseph Daddona, Wayne Stephens, Joseph N. Hanna, Dean Schwartz, Mark Conway and other unnamed police defendants (collectively, the “City Defendants”) have moved to dismiss Plaintiffs’ action pursuant to Fed.R.Civ.P. 12(b)(5) for failure to make proper service.1 In the alternative, the City Defendants move to dismiss the Complaint pursuant to Fed. R.Civ.P. 12(b)(6) for failure to state a cause of action upon which relief may be granted. The Plaintiffs, Cynthia Barrett, Sun Splash, Inc. and Baron C. Smith…