SIMPSON v. FERRY et al

Filing 40

ORDERED THAT THE CITY'S SECOND MOTION TO DISMISS FOR FAILURE TO SATE A CLAIM(DOC. NO.) 32) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED IN THIS ORDER. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/10/16. 8/11/16 ENTERED AND COPIES E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ERIC SIMPSON,
Plaintiff,
v.
MICHAEL FERRY, et al.,
Defendants.

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CIVIL ACTION

No. 14-166

ORDER
AND NOW, this 9th day of August, 2016, upon consideration of Defendant, City of
Philadelphia’s “Second Motion to Dismiss for Failure to State a Claim” (Doc. No. 32), Plaintiff’s
Response thereto (Doc. No. 34), and for the reasons set forth in this Court’s accompanying
Memorandum Opinion, it is hereby ORDERED that the City’s Motion is GRANTED in part
and DENIED in part. The Motion is granted insofar as it seeks dismissal of Count II premised
on an unlawful policy. The Motion is denied in all other respects—that is, Plaintiff’s Monell
claim may proceed on (1) a theory of municipal liability premised on an alleged unlawful custom
of tolerating and/or acquiescing in officers’ use of excessive force, and (2) a theory of municipal
liability premised on the PPD’s alleged failure to properly train, supervise, and discipline its
officers with respect to appropriate levels of force to use on persons in police custody.

BY THE COURT:
/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG, J.