MILES v. CITY OF PHILADELPHIA et al

Filing 17

MEMORANDUM AND ORDER THAT THE MOTIONS TO DISMISS ARE GRANTED AND THE CLAIMS SET FORTH IN PLAINTIFF'S AMENDED COMPLAINT ARE DISMISSED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 2/17/12. 2/17/12 ENTERED AND COPIES E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMIE MILES

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v.
CITY OF PHILADELPHIA, et al.

CIVIL ACTION
No. 11-4040

ORDER
AND NOW, this 17th day of February, 2012, upon consideration of a partial motion to
dismiss the amended complaint of plaintiff Jamie Miles filed by defendants the City of
Philadelphia, Mayor Michael Nutter, Commissioner Charles Ramsey, Captain Frank Gramlich,
Captain Carol Abrams, Captain Dennis Gallagher, Sergeant Steve Naughton and Corporal Karen
Preston, the motion to dismiss plaintiff’s amended complaint filed by defendant Juan Vega and
plaintiff’s responses thereto and consistent with the accompanying memorandum of law, it is
ORDERED that the motions are GRANTED and the claims set forth in plaintiff’s amended
complaint are DISMISSED as follows:
1.

Counts I, II and III of Plaintiff’s amended complaint are DISMISSED in
their entirety.

2.

Count IV of plaintiff’s amended complaint is:
a.

DISMISSED with respect to plaintiff’s claims against
defendants Mayor Michael Nutter, Commissioner Charles
Ramsey, Captain Frank Gramlich and Captain Carol
Abrams; and

b.

DISMISSED without prejudice with respect to plaintiff’s

claims against defendant Juan Vega. Plaintiff is permitted
to file an amended complaint on or before February 29,
2011 for purposes of alleging facts sufficient to establish
that she has exhausted her administrative remedies with
respect to her claims against defendant Vega.
3.

Any allegations pertaining to plaintiff’s October 13, 2011 suspension with
intent to dismiss and any claims predicated thereon are DISMISSED
without prejudice.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.

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