PELZER v. CITY OF PHILADELPHIA et al

Filing 54

ORDER THAT DEFTS' MOTION FOR SUMMARY JUDGMENT (DOC #38) IS GRANTED IN PART AND DENIED IN PART, ETC. ( SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/31/09. ) 9/1/09 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RAYMOND PELZER, Plaintiff v. CITY OF PHILADELPHIA, et al., Defendants : : : : : : : CIVIL ACTION

NO. 07-38

ORDER STENGEL, J.

AND NOW, this 31st day of August, 2009, upon consideration of the defendants' motion for summary judgment (Document #38), it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART as follows: 1. With respect to the Section 1983 claims against Officer Burton, Commissioner Johnson, and the City, the motion is DENIED; 2. With respect to the failure to train claims against Commissioner Johnson and the City of Philadelphia, the motion is DENIED; 3. With respect to the state law claims against Officer Burton, the motion is DENIED; 4. With respect to the state law claims against Commissioner Johnson and the City, the motion is GRANTED.

BY THE COURT:

/s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.