MILBOURNE v. HITE et al

Filing 21

ORDER THAT DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED WITH RESPECT TO ALL CLAIMS AGAINST THE CITY OF PHILADELPHIA POLICE DEPARTMENT AND ALL CLAIMS AGAINST THE CITY OF PHILADELPHIA AND GRANTED AS TO COUNTS II AND IV AGAINST DETECT IVE MONTGOMERY. DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED IN ALL OTHER RESPECTS. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. IT IS FURTHER ORDERED THAT A SCHEDULING CONFERENCE WILL BE CONVENED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/23/12. 5/24/12 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
LATRICE MILBOURNE,
Plaintiff,
v.
RONALD BAKER, BADGE # 6446;
JUSTIN MONTGOMERY, BADGE #
9236; CITY OF PHILADELPHIA
POLICE DEPARTMENT; CITY OF
PHILADELPHIA; ALBERT G. HITE,
Defendants.
_____________________________________

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CIVIL ACTION

NO. 11-cv-1866-JD

ORDER
AND NOW, this 23rd day of May, 2012, upon consideration of Plaintiff’s Motion for
Summary Judgment (Document No. 14, filed January 12, 2012), Defendants’ Motion for Partial
Summary Judgment (Document No. 16, filed January 13, 2012), Defendants’ Memorandum of
Law in Opposition to Plaintiff’s Motion for Summary Judgment (Document No. 17, filed
February 3, 2012), and Plaintiff’s Response to Defendants’ Motion for Summary Judgment
(Document No. 18, filed February 10, 2012), for the reasons set forth in the Memorandum dated
May 23, 2012, IT IS ORDERED as follows:
1. Defendants’ Motion for Partial Summary Judgment is GRANTED with respect to:
a. All Claims against the City of Philadelphia Police Department;
b. All claims against the City of Philadelphia;

c. Count II, a claim under 42 U.S.C. § 1983 for illegal seizure against Detective
Montgomery; and
d. That part of Count IV that asserts a claim under § 1983 for malicious
prosecution against Detective Montgomery.
2. Defendants’ Motion for Partial Summary Judgment is DENIED in all other respects.
3. Plaintiff’s Motion for Summary Judgment is DENIED.
IT IS FURTHER ORDERED that, by reason of the forgoing, the caption of the case is
amended to read as follows:
_____________________________________
LATRICE MILBOURNE,
Plaintiff,
v.
RONALD BAKER, BADGE # 6446;
JUSTIN MONTGOMERY, BADGE #
9236; and ALBERT G. HITE,
Defendants.
_____________________________________

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CIVIL ACTION

NO. 11-cv-1866-JD

IT IS FURTHER ORDERED a scheduling conference will be convened in due course.

BY THE COURT:

___/s/ Hon. Jan E. DuBois___
JAN E. DUBOIS, J.