WOOD et al v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY et al

Filing 23

ORDER THAT DEFENDANT CITY OF PHILADELPHIA'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. DEFENDANTS SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, SERGEANT ANDREW LACHOWICZ, AND POLICE OFFICER MATTHREW DLUGOSZ' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART.. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/5/2016. 5/6/2016 ENTERED AND COPIES MAILED, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHAWN WOOD, SR.,
SHAWN WOOD, JR.,
DEBORAH WOOD,
SHARIFF WOOD,
AMEER WOOD, and
NAADIYAH WOOD,
Plaintiffs,

CIVIL ACTION

NO. 14-4183

v.
SOUTHEASTERN PENNSYLVANIA
TRANSPORTATION AUTHORITY,
ANDREW LACHOWICZ,
SEPTA Police Officer,
MATTHEW DLUGOSZ,
SEPTA Police Officer, and
CITY OF PHILADELPHIA,
Defendants.
ORDER
AND NOW, this 5th day of May, 2016, upon consideration of Defendant’s [City of
Philadelphia’s] Motion for Summary Judgment (Document No. 14, filed September 18, 2015);
Defendants Southeastern Pennsylvania Transportation Authority, Sergeant Andrew Lachowicz,
and Police Officer Matthew Dlugosz’ Motion for Summary Judgment (Document No. 15, filed
September 18, 2015); Plaintiffs’ Answer to Defendants, Southeastern Pennsylvania
Transportation Authority, Sergeant Andrew Lachowicz and Police Officer Matthew Dlugosz’s
Motion for Summary Judgment (Document No. 18, filed November 2, 2015); and Plaintiffs’
Memorandum of Law in Support of Plaintiffs’ Answer to Defendants’ Motion for Summary
Judgment (Document No. 19, filed November 2, 2015), for the reasons set forth in the
accompanying Memorandum dated May 5, 2016, IT IS ORDERED as follows:

1.

Defendant’s [City of Philadelphia’s] Motion for Summary Judgment is

GRANTED.
2.

Defendants Southeastern Pennsylvania Transportation Authority, Sergeant

Andrew Lachowicz, and Police Officer Matthew Dlugosz’ Motion for Summary Judgment is
GRANTED IN PART AND DENIED IN PART as follows:
a. Those parts of defendants’ Motion that seeks summary judgment as to (1) Wood
Jr.’s and Wood Sr.’s claims against Lachowicz in his individual capacity arising
out of the automobile search; (2) Wood Jr.’s excessive-force claim against
Lachowicz in his individual capacity; and (3) Wood Sr.’s excessive-force claim
against Dlugosz in his individual capacity, are DENIED.
b. The Motion is GRANTED in all other respects.
IT IS FURTHER ORDERED that a conference by telephone 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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