HYMAN v. GIORLA et al

Filing 56

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/5/2014. 3/6/2014 ENTERED AND COPIES E-MAILED. (aeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FRANK HYMAN
Plaintiff,
v.
COMMISSIONER LOUIS GIORLA,
et. al.
Defendants.

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Civil Action
10-499

ORDER
AND NOW, this 5th day of March 2014, upon consideration of defendants’ motion
for summary judgment (doc. no. 53) and plaintiff’s response (doc. no. 54) thereto, IT IS
HEREBY ORDERED:
1.

Defendants’ motion for summary judgment is GRANTED as to COUNT

II of plaintiff’s complaint;
2.

Defendants’ claims against the individual defendants in their official

capacities are DISMISSED;
3.

Defendants’ motion is otherwise DENIED;

4.

Count I of plaintiff’s complaint shall proceed to trial against the City of

Philadelphia and the individual defendants in their individual capacities.
BY THE COURT
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.