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Daugevelo v. Fridlich

'Stigma-Plus' Claim Dismissed; Claim for Deprivation of Goods Absent Due Process Stated

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MEMORANDUM OPINION AND ORDER Plaintiffs Paul Daugevelo (“Daugevelo”) and Christopher Glinton (“Glinton” and collectively “Plaintiffs”) commenced this action on January 21, 2020 with the filing of a Complaint. (Doc. 1). On June 2, 2020, Plaintiffs filed an Amended Complaint (the “AC”). (Doc. 21, “Am. Compl.”). Plaintiffs assert two Fourteenth Amendment due process claims for relief against Sheriff’s Deputy Ryan Fridlich (“Fridlich”) and Sheriff’s Detective Sergeant Paul Silvik (“Silvik” and collectively “Defendants”) related to an incident at the White Lake Flea Market on July 8, 2018: (1) reputational injury and (2) deprivation of property without adequate process. (Id.

58-64). On July 29, 2020, Defendants served on Plaintiffs their motion to dismiss Plaintiffs’ AC pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 26; Doc. 28, “Defs. Br.”). On August 11, 2020, Plaintiffs served on Defendants their brief in opposition to Defendants’ motion. (Doc. 31, “Pls. Br.”). The motion was fully briefed as of August 11, 2020 when Defendants served their reply brief. (Doc. 29, “Reply”). For the reasons set forth below, Defendants’ motion is GRANTED IN PART. BACKGROUND The facts, as recited below, are taken from Plaintiffs’ AC. Plaintiffs are Pennsylvania residents who operate an antique business. (Am. Compl.

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