BYNUM v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA et al

Filing 12

MEMORANDUM ORDER THAT DEFENDANTS' MOTION TO DISMISS (DOC. NO. 4 ), IS GRANTED IN PART, AS OUTLINED HEREIN. DEFENDANTS SHALL ANSWER THE COMPLAINT BY 12/2/2014. SIGNED BY HONORABLE STEWART DALZELL ON 11/18/2014. 11/19/2014 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BRANDON BYNUM
v.
TRUSTEES OF THE UNIVERSITY
OF PENNSYLVANIA, et al.

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CIVIL ACTION

NO. 14-4548

ORDER
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AND NOW, this 18th day of November, 2014, upon consideration of the motion
to dismiss filed by the Trustees of the University of Pennsylvania, the University of
Pennsylvania, and University of Pennsylvania Police Officer Cooper, Badge No. 111 (“Officer
Cooper”) (docket entry #4), plaintiff Brandon Bynum’s response in opposition thereto, and
defendants’ reply, and based upon the reasoning contained in our Memorandum issued this day,
it is hereby ORDERED that:
1.

Defendants’ motion to dismiss (docket entry #4) is GRANTED IN PART;

2.

All claims against the University of Pennsylvania are DISMISSED WITH

3.

Counts I and II of the Complaint are DISMISSED;

4.

Counts III, IV, and V are DISMISSED IN PART as to defendant Trustees

PREJUDICE;

of the University of Pennsylvania only;
5.

The official capacity claims against Officer Cooper and Officers John Doe

#1-10 are DISMISSED;
6.

The portion of Count VI referring to “interference with state constitutional

rights” is DISMISSED WITH PREJUDICE; and
7.

Defendants shall ANSWER the Complaint by December 2, 2014.
BY THE COURT:

/S/ STEWART DALZELL, J.
Stewart Dalzell, J.

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