PRATT v. CITY OF PHILADELPHIA, PHILADELPHIA COUNTY et al

Filing 42

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS (DOC. NO. 33 AND 35) ARE GRANTED. THE CLAIMS AGAINST DEFENDANTS NUTTER, POLICE COMMISSIONER CHARLES RAMSEY, POLICE CAPTAIN BRANVILLE, SGT. WOREDE, DA R. SETH WILLIAMS AND ADA PESTRAK ARE DISMISSED WITH P REJUDICE. PLAINTIFF'S MOTION TO FILE INSTANTER MOTION TO STRIKE CITY OF PHILADELPHIA OFFICER SAMMY BRINSON AND OFFICER JUSTIN P. RIOS' LEGALLY INSUFFICIENT AFFIRMATIVE DEFENSES IS GRANTED. PLAINTIFF'S MOTION TO STRIKE CITY OF PHILADELPHIA OFFICER SAMMY BRINSON AND OFFICER JUSTIN P. RIOS' LEGALLY INSUFFICIENT AFFIRMATIVE DEFENSES IS DENIED. SIGNED BY HONORABLE BERLE M. SCHILLER ON 2/22/12. 2/23/12 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RAYMOND S. PRATT,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

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CIVIL ACTION

No. 11-1346

ORDER
AND NOW, this 22nd day of February, 2012, upon consideration of Defendants Mayor
Michael Nutter, Police Commissioner Charles Ramsey, Police Captain Branville Bard, and
Sergeant Bisarat Worede’s Motion to Dismiss; District Attorney R. Seth Williams and Assistant
District Attorney Michael Pestrak’s Motion to Dismiss; Plaintiff’s combined response thereto;
Plaintiff’s Motion to File Instanter Motion to Strike City of Philadelphia Officer Sammy Brinson
and Officer Justin P. Rios’ Legally Insufficient Affirmative Defenses; and Plaintiff’s Motion to
Strike City of Philadelphia Officer Sammy Brinson and Officer Justin P. Rios’ Legally
Insufficient Affirmative Defenses; and for the reasons stated in this Court’s Memorandum dated
February 22, 2012, it is hereby ORDERED that:
1.

Defendants Mayor Michael Nutter, Police Commissioner Charles Ramsey, Police
Captain Branville Bard, and Sergeant Bisarat Worede’s Motion to Dismiss
(Document No. 33) is GRANTED.

2.

District Attorney R. Seth Williams and Assistant District Attorney Michael
Pestrak’s Motion to Dismiss (Document No. 35) is GRANTED.

3.

The claims against the following six Defendants are DISMISSED with
prejudice: (1) Mayor Michael Nutter, (2) Police Commissioner Charles Ramsey,
(3) Police Captain Branville Bar, (4) Sergeant Bisarat Worede, (5) District

Attorney R. Seth Williams, and (6) Assistant District Attorney Michael Pestrak.
4.

Plaintiff’s Motion to File Instanter Motion to Strike City of Philadelphia Officer
Sammy Brinson and Officer Justin P. Rios’ Legally Insufficient Affirmative
Defenses (Document No. 39) is GRANTED.

5.

Plaintiff’s Motion to Strike City of Philadelphia Officer Sammy Brinson and
Officer Justin P. Rios’ Legally Insufficient Affirmative Defenses (Document No.
40) is DENIED.
BY THE COURT:

Berle M. Schiller, J.

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