BOYER v. CITY OF PHILADELPHIA et al

Filing 66

ORDER THAT DEFT POLICE OFFICER ANGEL ORTIZ'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. ALL CLAIMS AGAINST DEFT ANGEL ORTIZ ARE DISMISSED WITH PREJUDICE. DEFTS CITY OF PHILA., CHARLES RAMSEY, ROLAND LEE, & KARYN BALDINI'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART & DENIED IN PART, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/14/17. 7/17/17 ENTERED AND COPIES E-MAILED.(kw, )

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 ROLLIN LEE,
LIEUTENANT KARYN BALDINI, and
OFFICER ANGEL ORTIZ,
Defendants.

NO. 13-6495

ORDER
AND NOW, this 14th day of July, 2017, upon consideration of Defendant Police Officer
Angel Ortiz’s Motion for Summary Judgment (Document No. 60, filed Apr. 7, 2017), Plaintiff’s
Response to Defendant Ortiz’[s] Motion for Summary Judgment (Document No. 62 filed Apr.
28, 2017), Defendants City of Philadelphia, Charles Ramsey, Roland Lee, and Karyn Baldini’s
Motion for Summary Judgment (Document No. 61, filed Apr. 7, 2017), Plaintiff’s Response to
Defendants the City of Philadelphia, Charles Ramsey, Roland Lee, and Karyn Baldini’s Motion
for Summary Judgment (Document No. 63, filed Apr. 28, 2017), for the reasons set forth in the
accompanying Memorandum dated July 14, 2017, IT IS ORDERED as follows:
1.

Defendant Police Officer Angel Ortiz’s Motion for Summary Judgment is

GRANTED. All claims against defendant Angel Ortiz are DISMISSED WITH PREJUDICE.
2.

Defendants City of Philadelphia, Charles Ramsey, Roland Lee, and Karyn

Baldini’s Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART,
as follows:

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a.

That part of defendants’ Motion that seeks summary judgment as to

plaintiff’s claim in Count One of the Second Amended Complaint against defendant the City of
Philadelphia with respect to the alleged custom of “general disparate treatment” is GRANTED.
b.

That part of defendants’ Motion that seeks summary judgment as to Count

Two of the Second Amended Complaint against defendants the City of Philadelphia and Charles
Ramsey is GRANTED;
c.

The Motion is DENIED in all other respects.

IT IS FURTHER ORDERED that a telephone conference for the purpose of scheduling
further proceedings will be conducted in due course.

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

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