Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 09-1778. Motions Motion to dismiss : Denied Motion to dismiss : Denied Judges Anita Blumstein Brody See more information ... Smart Summary Please sign up to generate summary. WARREN DAVIS, Plaintiff, v. DARBY BOROUGH, et al., Defendants. ORDER ANITA BRODY, District Judge AND NOW, this 21st day of October 2009, upon consideration of Defendant Constable Michael Connor's Motion to Dismiss (Doc. #15) and Plaintiff Warren Davis's Response (Doc. #21), it is ORDERED that Defendant's Motion is DENIED without prejudice. In addition, in light of the Stipulation of Counsel I approved on June 18, 2009 (Doc. #22), it is further ORDERED that the Motion to Dismiss filed by Defendants Darby Borough and Officer Matthew Rinderer (Doc. #17) is DENIED as moot. In the Stipulation of Counsel between Davis and Defendants Darby Borough and Officer Rinderer that I approved, Davis agreed to withdraw with prejudice his claims under the Fifth, Sixth, Eighth, and Fourteenth Amendments; his claim under the Pennsylvania Constitution; his claim of punitive damages against Darby Borough and Officer Rinderer in his official capacity; and his claim of wrongful and/or false imprisonment against Darby Borough. These were all the claims Defendants Darby Borough and Officer Matthew Rinderer sought to dismiss in their Motion.