LOEB v. CITY OF PHILADELPHIA et al

Filing 26

MEMORANDUM AND/OR OPINION ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT DAVID KILLINGSWORTH AND AGAINST PLAINTIFF CHRISTOPHER MONTGOMERY IN CIVIL ACTION 13-CV-256 ON COUNT I (FIRST AMENDMENT RETALIATION) ONLY. JUDGMENT IS ENTERED IN FAVOR OF D EFENDANT GEORGE J. GASPAR, JR. AND AGAINST PLAINTIFF COULTER LOEB IN CIVIL ACTION 13-CV-3082 ON COUNT I (FIRST AMENDMENT RETALIATION) ONLY. THE BALANCE OF THE MOTION IS DENIED. CIVIL ACTIONS 13-CV-3081 AND 13-CV-3082 ARE RETURNED TO THE HONORABLE LEG ROME D. DAVIS AND STEWART DALZELL RESPECTIVELY FOR DISPOSITION. THE COURT WILL ISSUE A SEPERATE SCHEDULING ORDER FOR DISPOSTION OF CIVIL ACTION 13-CV-256. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 1/21/2015. 1/22/2015 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER MONTGOMERY
vs.
POLICE OFFICER
DAVID KILLINGSWORTH

ALEXINE FLECK
vs.
POLICE OFFICER ALEX NICHOLSON
and
POLICE OFFICER JANE DOE

COULTER LOEB
vs.
POLICE OFFICER
GEORGE J. GASPAR, JR.

: CIVIL ACTION
:
:
:
:
: NO. 13cv256

: CIVIL ACTION
:
:
:
:
:
:
:
: NO. 13cv3081

: CIVIL ACTION
:
:
:
:
: NO. 13cv3082
ORDER

AND NOW, this 21st day of January, 2015, upon consideration of the Joint Motion of
Defendants Killingsworth, Nicholson, Doe and Gaspar for Partial Summary Judgment asserting
qualified immunity on the First Amendment Retaliation Claims (Document No. 28), plaintiffs’
response, and defendants’ reply, IT IS HEREBY ORDERED that the motion is GRANTED IN
PART as follows:
1. Judgment is entered in favor of defendant David Killingsworth and against plaintiff
Christopher Montgomery in Civil Action 13cv256 on Count I (First Amendment Retaliation)
ONLY.

2. Judgment is entered in favor of defendant George J. Gaspar, Jr. and against plaintiff
Coulter Loeb in Civil Action 13cv3082 on Count I (First Amendment Retaliation) ONLY.
3. The balance of the motion is DENIED.
4. Civil Actions 13cv3081 and 13cv3082 are returned to the Honorable Legrome D.
Davis and Stewart Dalzell respectively for disposition.
5. The court will issue a separate scheduling order for disposition of Civil Action
13cv256.

s/William H. Yohn Jr.
William H. Yohn Jr., Judge