BOOKER v. NUTTER et al

Filing 81

ORDER THAT DEFTS' MOTION FOR SUMMARY JUDGMENT BY DEFTS. CITY OF PHILADELPHIA, SEAN WALSH, AND THOMAS WALSH (DOC. NO. 78) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE DEFTS' MOTION FOR SUMMARY JUDGMENT IS DENIED AS TO THE MUNICIPAL LIABILITY CLAIM AGAINST THE CITY OF PHILADELPHIA COUNT ONE. THE DEFTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO ALL OTHER CLAIMS AGAINST THE CITY OF PHILADELPHIA IN COUNTS TWO, THREE, AND FOUR. THE DEFTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO ALL CLAIMS AGAINST SEAN WALSH AND THOMAS WALSH IN COUNTS ONE, TWO, THREE, AND FOUR.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/29/17. 3/30/17 ENTERED AND COPIES MAILED TO PLFF. AND DEFT., E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN. Modified on 3/30/2017 (pr, ).

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

JOHN BOOKER,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

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CIVIL ACTION

NO. 12-402

ORDER
AND NOW, this

day of March, 2017, upon consideration of the Motion for Summary

Judgment by Defendants City of Philadelphia, Sean Walsh, and Thomas Walsh (Docket No. 78),
and Plaintiff John Booker’s Response in Opposition (Docket No. 79), it is hereby ORDERED
that Defendants’ Motion for Summary Judgment is GRANTED IN PART and DENIED IN
PART as follows:

1. The Defendants’ Motion for Summary Judgment is DENIED as to the municipal liability
claim against the City of Philadelphia in Count One.
2. The Defendants’ Motion for Summary Judgment is GRANTED as to all other claims
against the City of Philadelphia in Counts Two, Three, and Four.
3. The Defendants’ Motion for Summary Judgment is GRANTED as to all claims against
Sean Walsh and Thomas Walsh in Counts One, Two, Three, and Four.

It is so ORDERED.
BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.