JOHNSON v. CITY OF PHILADELPHIA (PHILADELPHIA PRISON SYSTEM) et al

Filing 17

ORDER THAT UPON CONSIDERATION OF DEFENDANTS CITY OF PHILADELPHIA AND DAWN MIDDLETOWN-BRYANT'S MOTION FOR SUMMARY JUDGMENT, IT IS HEREBY ORDERED THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED PART. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 9/10/09. 9/11/09 ENTERED AND COPIES E-MAILED.(ti, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA COLLETTE R. JOHNSON v. CITY OF PHILADELPHIA and DAWN MIDDLETOWN-BRYANT : : : : : : ORDER AND NOW, this 10th day of September 2009, upon consideration of defendants City of Philadelphia and Dawn Middletown-Bryant's motion for summary judgment on plaintiff Collette R. Johnson's Title VII claim against the City (Count I), her 1983 claims against the City (Counts III and IV) and her 1983 claim against Bryant (Count IV), and plaintiff's response thereto, and for the reasons set forth in the accompanying memorandum of law, it is hereby ORDERED that: 1. Defendants' motion for summary judgment is DENIED with respect to plaintiff's Title VII claim against the City for disciplinary actions related to chain-of-command violations (Count I) and with respect to plaintiff's 1983 claim against Bryant for disciplinary actions related to chain-of-command violations (Count IV); 2. Defendants' motion for summary judgment is GRANTED for plaintiff's Title VII claims against the City (Count I) and plaintiff's 1983 claims against Bryant (Count IV) based on all other incidents and for all 1983 claims against the City (Counts III and IV). 3. Counsel should inform my Chambers (215-597-2750) within 10 business days of this date if a settlement conference before Magistrate Judge Restrepo might be productive. CIVIL ACTION NO. 08-CV-1894 __/s/ THOMAS N. O'NEILL, JR THOMAS N. O'NEILL, JR., J

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