WILSON v. CITY OF PHILADELPHIA et al

Filing 77

ORDERTHAT DEFTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART; DEFTS' MOTION TO DISMISS IS GRNATED TO THE EXTENT THAT THEY REQUEST THAT PLFF'S CLAIMS AGAINST LYNNE A BRAHAM BE DISMISSED, ETC; DEFTS' MOTION TO DISMISS IS GRANTED TO THE EXTENT THAT THEY REQUEST THAT PLFF'S CLAIMS ALLEGING CONDUCT TAKEN IN THE MOVING DEFTS' BE DISMISSED; THE MOTION TO DISMISS IS GRANTED TO THE EXTENT THAT DEFTS REQUEST THAT PLFF'S CLAIMS AGAINST JACK MCMAHON BE DISMISSE D; DEFT'S MOTION TO DISMISS IS GRANTED TO THE EXTENT THAT DEFTS REQUEST THAT THE STATE LAW CLAIMS AGAINST THE MOVING DEFTS IN THEIR OFFICIAL CAPACITIES BE DISMISSED; THE MOTION TO DISMISS IS DENIED IN ALL OTHER RESPECTS.. SIGNED BY MAGISTRATE JUDGE L. FELIPE RESTREPO ON 3/31/10. 4/1/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, )

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

HAROLD C. WILSON Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants.

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CIVIL ACTION

NO. 04-5396

ORDER AND NOW, this 31st day of March, 2010, upon consideration of the Motion to Dismiss Plaintiff's Complaint Against Defendants, former District Attorney Lynne Abraham, former District Attorney Ronald Castille, and former Assistant District Attorney Jack McMahon, and plaintiff's opposition thereto, for the reasons explained in the accompanying Memorandum, it is hereby ORDERED that: 1. Defendants' Motion to Dismiss is GRANTED in part and DENIED in part; 2. Defendants' Motion to Dismiss is GRANTED to the extent that they request that plaintiff's claims against former District Attorney Lynne Abraham be DISMISSED for lack of the required personal involvement under 42 U.S.C. § 1983; 3. Defendants' Motion to Dismiss is GRANTED to the extent that they request that plaintiff's claims alleging conduct taken in the moving defendants' quasi-judicial role, as opposed to participation in investigatory conduct, be DISMISSED; 4. The Motion to Dismiss is GRANTED to the extent that defendants request that plaintiff's claims against Assistant District Attorney Jack McMahon in his official capacity

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be DISMISSED; 5. Defendant's Motion to Dismiss is GRANTED to the extent that defendants request that the state law claims against the moving defendants in their official capacities be DISMISSED; 6. The Motion to Dismiss is DENIED in all other respects.

BY THE COURT:

/s/ L. Felipe Restrepo L. FELIPE RESTREPO UN IT E D STATES MAGISTRATE JUDGE

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