Before the Court is Defendants’ Motion to Dismiss Complaint and for a More Specific Complaint, (Doc. 6), filed on September 29, 2003. On June 30, 2003, Plaintiffs filed a complaint asserting five counts against Defendants: Count I - Violation of 42 U.S.C. §§ 1983 and 1985; Count II - Abuse of Process; Count III - Intentional Infliction of Emotional Distress; Count IV - Slander and Defamation; Count V - Negligence. (Doc. 1.) Federal jurisdiction is based on federal question jurisdiction of the §§ 1983 and 1985 claims pursuant to 28 U.S.C. §§ 1331 and 1343 and supplemental jurisdiction of the common law claims pursuant to 28 U.S.C. § 1367.
In the pending motion, Defendants request the Court to dismiss the Complaint in its entirety pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, to dismiss all counts except Count IV for defamation and require Plaintiffs to file a more specific complaint as to that count. (See Doc. 7 at 4.) Defendants filed a brief in support of their motion on October, 2003, (Doc. 7), and Plaintiffs filed an opposing brief on October 24, 2003, (Doc. 11). Defendants did not file a reply brief and the time for such filing has passed. Therefore, the matter is ripe for disposition. For the reasons set forth below, Defendants’ motion is granted in part and denied in part. In addition, we grant Plaintiffs leave to supplement their complaint regarding the § 1983 liability of Defendants Sugarloaf Township, Sugarloaf Township Police Department and Sugarloaf Township Supervisors.