HENRY et al v. CITY OF PHILADELPHIA et al

Filing 49

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S CLAIMS AGAINST DEFENDANTS ORTH AND SCHIAVONE ARE DISMISSED. THE FEDERAL CLAIMS REMAINING AGAINST DEFENDANT ZORAWSKI (COUNTS I, II) AND DEFENDANT BRADSHAW (COUNTS V, VI) MAY PROCEED SOLELY ON A THEORY OF EXCESSIVE FORCE. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 9/30/10. 10/1/10 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) Modified on 10/1/2010 (ti, ).

HENRY et al v. CITY OF PHILADELPHIA et al

Doc. 49

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RUDOLPH HENRY, et al. Plaintiffs v. CITY OF PHILADELPHIA, et al. Defendants : : : : : : : : : CIVIL ACTION

NO. 09-1584

ORDER AND NOW, this 30th day of September, 2010, upon consideration of the motion for

summary judgment filed by Defendants George Orth, Christopher Bradshaw, Joseph Schiavone, and Daniel Zorawski (Doc. No. 40) and the parties' responses and replies thereto, IT IS HEREBY ORDERED THAT the motion for summary judgment is GRANTED IN PART AND DENIED IN PART for the reasons set forth in the memorandum opinion filed this date. IT IS FURTHER ORDERED THAT: 1. Plaintiffs' claims against Defendants Orth and Schiavone are DISMISSED; 2. The federal claims remaining against Defendant Zorawski (Counts I, II) and Defendant Bradshaw (Counts V, VI) may proceed solely on a theory of excessive force. BY THE COURT:

/s/ Timothy R. Rice, for DAVID R. STRAWBRIDGE UNITED STATES MAGISTRATE JUDGE

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