MAXWELL v. NUTTER et al

Filing 11

ORDER THAT THE PORTION OF THE MOTION SEEKING THE DISMISSAL OF ALL CLAIMS AGAINST THE MAYOR OF THE CITY OF PHILADELPHIA AND ITS POLICE COMMISISONER IN THEIR OFFICIAL CAPACITIES IS GRANTED. THE CITY OF PHILA IS ADDED AS A DEFT TO REPLACE THE MAYOR AND THE POLICE COMMISSIONER AS DEFTS BEING SUED IN THIEIR OFFICIAL CAPACITIES. THE PORTION OF THE MOTION SEEKING THE DISMISSAL OF ALL CLAIMS AGAINST THE MAYOR AND THE POLCIE COMMISSIONER IN THEIR PERSONAL CAPACITIES IS DENIED.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/23/13. 1/24/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TYREEK M. MAXWELL,
Plaintiff

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vs.
MICHAEL NUTTER, MAYOR OF
PHILADELPHIA, et al.,
Defendants

CIVIL ACTION

NO. 11-7565

ORDER
AND NOW, this

23rd

day of January, 2013, upon consideration of the

defendants’ partial motion to dismiss (Document #8), it is hereby ORDERED that the
motion is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that:
1.

The portion of the motion seeking the dismissal of all
claims against the Mayor of the City of Philadelphia
and its Police Commissioner in their official
capacities is GRANTED.

2.

Pursuant to Rule 19(a)(2) of the Federal Rules of
Civil Procedure, the City of Philadelphia is ADDED
as a defendant to replace the Mayor and the Police
Commissioner as defendants being sued in their
official capacities.

3.

The portion of the motion seeking the dismissal
of all claims against the Mayor and the Police
Commissioner in their personal capacities is
DENIED.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.