HARRIS et al v. JACOBS et al

Filing 21

ORDER THAT DEFTS' MOTION FOR SUMMARY JUDGMENT IS DENIED AS TO PLFFS' MALICIOUS PROSECUTION CLAIM ASSERTED AGAINST DETECTIVE JACOBS; DEFTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED & JUDGMENT IS ENTERED IN THE CITY OF PHILADELPHIA'S FAVOR ON THE MUNICIPAL LIABILITY CLAIM ASSERTED AGAINST IT; PLFFS' REQUEST FOR SPOLIATION SANCTIONS AS A RESULT OF THE LOSS &/OR DESTRUCTION OF DETECTIVE JACOBS' INVESTIGATION FILE IS DENIED.SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/18/12. 9/19/12 ENTERED AND COPIES E-MAILED.(kw, )

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

WILLIAM HARRIS, JR.,
ANGELL HARRIS,
LORRIA RUIZ,
Plaintiffs,
v.
DERRICK JACOBS,
CITY OF PHILADELPHIA,
Defendants.

:
:
:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION

NO. 11-4685

ORDER
AND NOW, this 18th day of September, 2012, upon consideration of Defendants’ Motion for
Summary Judgment (Docket No. 11), Plaintiffs’ Response in Opposition (Docket No. 14), Defendants’
Reply (Docket No. 15), and Plaintiffs’ Sur-Reply (Docket No. 19), it is hereby ORDERED as follows:
1.

Defendants’ Motion for Summary Judgment is DENIED as to Plaintiffs’
malicious prosecution claim asserted against Detective Jacobs;

2.

Defendants’ Motion for Summary Judgment is GRANTED and JUDGMENT
IS ENTERED in the City of Philadelphia’s favor on the municipal liability
claim asserted against it;

2.

Plaintiffs’ request for spoliation sanctions as a result of the loss and/or
destruction of Detective Jacobs’s investigation file is DENIED.

It is so ORDERED.
BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.