ANDERSON v. CITY OF PHILADELPHIA et al

Filing 13

ORDER THAT DEFTS' MOTION FOR SUMMARY JUDGMENT (DOC #6) IS GRANTED IN PART AND DENIED IN PART, ETC. ( SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/8/12. ) 8/9/12 ENTERED AND COPIES E-MAILED.(gn, )

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

NASHEEN ANDERSON,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

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CIVIL ACTION

NO. 11-6318

ORDER
AND NOW, this 8th day of August, 2012, upon consideration of Defendants’1 Motion for Summary
Judgment (Docket No. 6), and Plaintiff’s Response in Opposition (Docket No. 7), it is hereby ORDERED that
Defendants’ Motion is GRANTED IN PART and DENIED IN PART as follows:
1.

Given Plaintiff’s express withdrawl in his Response in Opposition of all claims against Officers
Lugo and Dougherty, as well as his withdrawl of his assault and battery and excessive force claims
against Officer Fuentez, Defendants’ Motion is GRANTED and JUDGMENT IS ENTERED in
favor of Officers Lugo and Dougherty on all claims asserted against them and in favor of Officer
Fuentez on the assault and battery and excessive force claims asserted against him;

2.

The remainder of Defendants’ Motion is DENIED in its entirety.

It is so ORDERED.
BY THE COURT:

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

1

The moving Defendants listed in the aforementioned Motion are: the City of Philadelphia, Sergeant
Connell, Officer Fuentez, Officer Lackey, Officer Lugo, Officer Dougherty, Officer Quiles, and Officer Wright.
On July 9, 2012, the parties entered into a stipulation—which the Court signed and approved—that all
counts against the City of Philadelphia and Officers Dougherty and Lugo would be dropped and that these parties
would be dismissed as defendants from suit.
Moreover, Defendants’ instant Motion for Summary Judgment does not include either Officer Hoover or
Officer Hazzard as one of the moving officers. As such, the Court will presume that Defendants do not seek
summary judgment on Plaintiff’s claims as applied to either of these officers, and all claims against them shall
therefore proceed to trial.