IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ANTHONY PAUL DABROWSKI, JR., ) ) Plaintiff, ) Civil Action No. 20-142E ) v. ) Judge Cathy Bissoon ) OFFICER JOSHUA ALLISON, et al., ) ) Defendants. )

ORDER Defendants’ Motion to Dismiss (Doc. 55) will be denied. In terms of relation back, notice to the putative Defendants can be actual or constructive. Constructive notice can be met under the “shared attorney” method or the “identity of interest” method. Miller v. Hassinger,

(3d Cir. Apr. 6, 2006) (citation to binding authority omitted). Here, both appear likely to have been satisfied. Lest there remain any doubt, discovery should be permitted before arguments for dismissal are adjudicated. See

(holding same). As for Defendants’ arguments regarding First Amendment retaliation, the pleadings do not make such a claim. See Am. Compl. (Doc. 51); Pl.’s Opp’n (Doc. 58) at 10-11 (confirming same). The Court cannot dismiss what has not been pleaded. For these reasons, Defendants’ Motion to Dismiss (Doc. 55) is DENIED. Consistent with Federal Rule 12(a)(4)(A), answer(s) are due October 24, 2023. IT IS SO ORDERED.

October 10, 2023 s/Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification):

All Counsel of Record