BOYER v. CITY OF PHILADELPHIA et al

Filing 37

ORDER THAT DEFTS' MOTION TO DISMISS (DOC. 28) IS GRANTED IN PART, AND DENIED IN PART, ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/17/15. 12/18/15 ENTERED AND COPIES E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDRE BOYER,

CIVIL ACTION
Plaintiff,

v.
THE CITY OF PHILADELPHIA,
COMMISSIONER CHARLES RAMSEY,
TWO JANE OR JOHN DOES,
CAPTAIN BRANVILLE BARD,
CAPTAIN ROLLIN LEE,
LIEUTENANT KARYN BALDINI, and
OFFICER ANGEL ORTIZ,
Defendants.

NO. 13-6495

ORDER
AND NOW, this 17th day of December, 2015, upon consideration of defendants The
City of Philadelphia, Commissioner Charles Ramsey, Captain Branville Bard, Captain Rollin
Lee, Lieutenant Karyn Baldini, and Officer Angel Ortiz’s Motion to Dismiss (Document No. 28,
filed June 15, 2015), plaintiff’s Response in Opposition to Defendants’ Motion to Dismiss
(Document No. 31, filed August 2, 2015), and defendants The City of Philadelphia,
Commissioner Charles Ramsey, Captain Branville Bard, Captain Rollin Lee, Lieutenant Karyn
Baldini, and Officer Angel Ortiz’s Reply Brief in Support of their Motion to Dismiss (Document
No. 34, filed August 17, 2015), for the reasons set forth in the accompanying Memorandum
dated December 17, 2015, IT IS ORDERED that the Motion to Dismiss is GRANTED IN
PART, and DENIED IN PART, as follows:
1. That part defendants’ Motion to Dismiss which seeks dismissal of the parts of Counts II
and III of the Amended Complaint in which plaintiff asserts claims against defendant Captain
Branville Bard under 42 U.S.C. § 1983, is GRANTED. The caption of the case is amended to
DELETE reference to Captain Branville Bard.

2. That part defendants’ Motion to Dismiss which seeks dismissal of Count VI of the
Amended Complaint in which plaintiff asserts claims for libel and slander is GRANTED on the
ground that, as conceded by plaintiff, all such claims are untimely;
3. Defendants’ Motion to Dismiss is DENIED IN ALL OTHER RESPECTS.
4. That part of Count I of the Amended Complaint in which plaintiff asserts a claim against
defendant Commissioner Charles Ramsey under Title VII of the Civil Rights Act of 1964, 42
U.S.C. § 2000e et seq., is DISMISSED WITH PREJUDICE. 1
IT IS FURTHER ORDERED that a telephone conference will be conducted in due
course for the purpose of scheduling further proceedings.

BY THE COURT:
/s/ Hon. Jan E. Dubois
DuBOIS, JAN E., J.

1

This issue was not raised in the Motion to Dismiss.

2