Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: ORDER CYNTHIA M. RUFE , District Judge . AND NOW , this 7th day of January 2019, upon consideration of the City of Philadelphia's and Sheriff Jewell Williams' Motion to Dismiss [Doc. 2], Plaintiff's response thereto [Doc. 5], and after oral arguments held on December 12, 2018, it is hereby ORDERED that: 1. The Motion as it relates to the City of Philadelphia is GRANTED in part and DENIED in part . The Motion to Dismiss is DENIED as to Count IV. The Motion to Dismiss is GRANTED as t
Summary: ORDER CYNTHIA M. RUFE , District Judge . AND NOW , this 7th day of January 2019, upon consideration of the City of Philadelphia's and Sheriff Jewell Williams' Motion to Dismiss [Doc. 2], Plaintiff's response thereto [Doc. 5], and after oral arguments held on December 12, 2018, it is hereby ORDERED that: 1. The Motion as it relates to the City of Philadelphia is GRANTED in part and DENIED in part . The Motion to Dismiss is DENIED as to Count IV. The Motion to Dismiss is GRANTED as to..
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ORDER
CYNTHIA M. RUFE, District Judge.
AND NOW, this 7th day of January 2019, upon consideration of the City of Philadelphia's and Sheriff Jewell Williams' Motion to Dismiss [Doc. 2], Plaintiff's response thereto [Doc. 5], and after oral arguments held on December 12, 2018, it is hereby ORDERED that:
1. The Motion as it relates to the City of Philadelphia is GRANTED in part and DENIED in part. The Motion to Dismiss is DENIED as to Count IV. The Motion to Dismiss is GRANTED as to Counts II and III, which are DISMISSED with prejudice.
2. The Motion as it relates to Sheriff Williams is GRANTED in part and DENIED in part. The Motion to Dismiss is DENIED as to Count IV in his individual capacity. The Motion to Dismiss is GRANTED as to Counts I, II, and III, which are DISMISSED without prejudice, and as to Count IV in his official capacity, which is DISMISSED with prejudice.
3. Plaintiff is GRANTED leave to file an Amended Complaint as to Counts I, II, and III against Sheriff Williams, no later than January 22, 2019. If Plaintiff does not file an Amended Complaint, then the City shall answer Counts I and IV, and Sheriff Williams shall answer Count IV in his individual capacity, no later than February 5, 2019.
IT IS SO ORDERED.
