POWELL v. PAUL et al

Filing 12

MEMORANDUM AND/OR OPINION RE: DEFENDANTS MOTION TO DISMISS COUNTS II, V, X, AND XIII AS WELL AS ALL CLAIMS AGAINST THE PHILADELPHIA POLICE DEPARTMENT IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED WITH RESPECT TO COUNT II (TITLE VI) AND XIII (DEFAMATION). COUNT II AND COUNT XIII ARE DISMISSED WITH PREJUDICE. THE MOTION IS GRANTED WITH RESPECT TO ALL CLAIMS AGAINST THE PHILADELPHIA POLICE DEPARTMENT. ALL CLAIMS AGAINST PHILADELPHIA POLICE DEPARTMENT ARE DISMISSED WITH PREJUDICE. THE MOTION IS DENIED WITH RESPECT TO COUNTS V (FALSE ARREST UNDER FEDERAL LAW) AND COUNT X (FALSE IMPRISONMENT). SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/31/2012. 7/31/2012 ENTERED AND COPIES E-MAILED. (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAYSON POWELL,

:
:
:
:
:
:
:

Plaintiff,
v.
PAUL DECARLO, et al.,
Defendants.

CIVIL ACTION

No. 12-762

ORDER
AND NOW, this 31st day of July, 2012, upon consideration of Defendants’ Motion to
Dismiss Counts II, V, X and XIII as well as all claims against the Philadelphia Police Department
pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim, Plaintiff’s
response thereto, and for the reasons stated in the Court’s Memorandum dated July 31, 2012, it is
hereby ORDERED that the motion is GRANTED in part and DENIED in part, as follows:
1.

The motion is GRANTED with respect to Count II (Title VI) and XIII
(Defamation). Count II and Count XIII are DISMISSED with prejudice.

2.

The motion is GRANTED with respect to all claims against the Philadelphia
Police Department. All claims against Philadelphia Police Department are
DISMISSED with prejudice.

3.

The motion is DENIED with respect to Counts V (False Arrest Under Federal
Law) and X (False Imprisonment).
BY THE COURT:

Berle M. Schiller, J.