MASON et al v. THE CITY OF PHILADELPHIA POLICE DEPARTMENT et al

Filing 71

ORDER THAT THE MOTION TO DISMISS THE COMPLAINT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE ROBERT F. KELLY ON 9/22/2014. 9/23/2014 ENTERED AND COPIES MAILED TO PRO SE AND UNREPS, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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FLORENCE ELIZABETH MASON, et al.,
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CIVIL ACTION
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Plaintiff,
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v.
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No. 13-5163
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THE CITY OF PHILADELPHIA, et al.,
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Defendants.
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__________________________________________:
ORDER

AND NOW, this

22nd day of September, 2014, upon consideration of Defendants,

City of Philadelphia (the “City”), Police Commissioner Charles Ramsey (“Commissioner
Ramsey”), the City of Philadelphia Police Department (the “PPD”), and PPD Officers Fleming,
Fredricsdorf, Kopecki (“Lt. Kopecki”), Whaley (“Lt. Whaley”), Tees (“Lt. Tees”), Hummel,
Lamdherr, Medycki, Riddick, Long, Kensy and Lackey’s (collectively, the “Moving
Defendants”), Motion to Dismiss the Complaint of Florence Elizabeth Mason (“Plaintiff”), in her
own right and on behalf of, Vincent T. Mason, Jr., and Crystal Mason1 (Doc. No. 17), and
Plaintiff’s Response, it is hereby ORDERED that said Motion is GRANTED in part and

1

Vincent Mason Jr. (“Vincent Jr.”) and Crystal Mason (“Crystal”) are Florence Mason’s children
who were apparently minors at the time of the incidents at issue. In a previous Memorandum Opinion,
we dismissed Vincent Jr. and Crystal as Plaintiffs in this action. (See Doc. No. 55.)

DENIED in part as follows:
(1) all claims against Defendants, Miston, Diguisse, Larks, Sath, and
Meril, are dismissed;
(2) all claims, including both 42 U.S.C. § 1983 (“§ 1983”) and state law
claims, against Commissioner Ramsey, and PPD Officers Fleming,
Fredricsdorf, Lamdherr, Medycki, Riddick, Long, Kensy, and Lackey, are
dismissed;
(3) all claims, including both § 1983 and state law claims, against Lt.
Kopecki are dismissed;
(4) all claims, including both § 1983 and state law claims, against Officer
Hummel are dismissed;
(5) all claims, including Plaintiff’s § 1983 claim against Lt. Tees for
supervisory liability, are dismissed;
(6) Moving Defendants’ Motion to Dismiss Plaintiff’s § 1983
claims against Lt. Whaley is denied;
(7) Moving Defendants’ Motion to Dismiss the state law claims of false
arrest, false imprisonment, malicious prosecution, assault and battery, and
loss of consortium against Lt. Whaley is granted;
(8) Moving Defendants’ Motion to Dismiss the state law claim of
intentional infliction of emotional distress against Lt. Whaley is denied;
(9) All claims, including Plaintiff’s § 1983 claim, against the PPD are
denied; and
2

(10) All claims, including Plaintiff’s § 1983 claim, against the City are
denied.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

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