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, )

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