Rolf Kroll, Esq. – Dauphin County Civil Rights Victory – Chiropractic Records Seized – Rule 11 Dismissal

Plaintiffs, two chiropractors, alleged their civil rights were violated when their practice was searched and treatment records seized.  In presenting their claim against a Commonwealth of Pennsylvania Authority, the chiropractors alleged the Authority had established policies and procedures which, essentially, encouraged improper seizure of patient records and that the seizures resulted in the ultimate failure of their practices.  Rolf Kroll, Esq., a partner in our Harrisburg office, filed a Motion to Dismiss the Chiropractors’ claims contending the pleading was defective; an Amended Complaint was filed by plaintiffs, in response to which Mr. Kroll presented a Rule 11 letter to their counsel contending the plaintiffs failed to state a claim against the Authority.  A Notice to Dismiss, with prejudice, was ultimately provided by the Chiropractors’ counsel resulting in the closure of the case.