ESTATE OF RANDOLPH TYLER v. GROSSMAN et al

Filing 30

ORDER THAT THE MOTION TO DISMISS ALL CLAIMS AGAINST DEFENDANT OFFICE OF PHILADELPHIA DISTRICT ATTORNEY IS GRANTED. THE MOTION TO DISMISS ALL CLAIMS AGAINST DEFENDANT BETH GROSSMAN AND CLARENCE DUPREE IN THEIR OFFICIAL CAPACITIES IS GRANTED. THE MOTIO N TO DISMISS ALL CLAIMS AGAINST DEFENDANT CLARENCE DUPREE IN HIS INDIVIDUAL CAPACITY BASED ON ABSOLUTE PROSECTORIAL IMMUNITY IS GRANTED IN PART. THE MOTION TO DISMISS ALL CLAIMS AGAINST DEFENDANT BETH GROSSMAN IN HER INDIVIDUAL CAPACITY BASED ON ABSO LUTE PROSECUTORIAL IMMUNITY IS GRANTED IN PART. THE CITY AND COUNTY OF PHILADELPHIA'S MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. PLAINTIFF SHALL BE GRANTED TO LEAVE TO FILE AN AMENDED COMPLAINT BY 6/22/15; ETC.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 6/11/15. 6/11/15 ENTERED AND E-MAILED.(jl, )

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

ESTATE OF RANDOLPH TYLER, by and
through Kevin Floyd, Administrator,
Plaintiff,
v.

CIVIL ACTION

BETH GROSSMAN; CLARENCE
DUPREE; OFFICE OF PHILADELPHIA
DISTRICT ATTORNEY; CITY AND
COUNTY OF PHILADELPHIA,
Defendants.

NO. 14-4967

ORDER
AND NOW, this 11th day of June, 2015, upon consideration of Defendants Beth Grossman,
Clarence Dupree, and Office of Philadelphia District Attorney’s Motion to Dismiss [ECF No. 7];
Plaintiff Estate of Randolph Tyler’s response in opposition thereto [ECF No. 8]; Defendant City
and County of Philadelphia’s Motion for Judgment on the Pleadings [ECF No. 14]; the Plaintiff’s
response in opposition thereto [ECF No. 15]; the parties’ supplemental briefs [ECF Nos. 21 & 23];
and oral argument held on April 7, 2015, and for the reasons provided in the Court’s Opinion of
June 11, 2015 [ECF No. 29], IT IS ORDERED that:
(1)

the motion to dismiss all claims against Defendant Office of Philadelphia District
Attorney is GRANTED; the claims against the Office of Philadelphia District Attorney
are DISMISSED WITH PREJUDICE;

(2)

the motion to dismiss all claims against Defendants Beth Grossman and Clarence
Dupree in their official capacities is GRANTED; all official-capacity claims against
these Defendants are DISMISSED WITH PREJUDICE;

(3)

the motion to dismiss all claims against Defendant Clarence Dupree in his individual
capacity based on absolute prosecutorial immunity is GRANTED IN PART; to the
extent any claims are based on Dupree’s alleged failure to either provide notice or serve
process in the civil forfeiture proceeding, he is immune from suit on those grounds and
those claims are DISMISSED WITH PREJUDICE;

(4)

the motion to dismiss all claims against Defendant Beth Grossman in her individual
capacity based on absolute prosecutorial immunity is GRANTED IN PART; to the
extent any claims are based on Grossman’s supervision of Defendant Dupree’s alleged
failure to either provide notice or serve process in the civil forfeiture proceeding, she
is immune from suit on those grounds and those claims are DISMISSED WITH
PREJUDICE.

(5)

the motion to dismiss all supervisory claims against Defendant Beth Grossman in
Count II of the Complaint is GRANTED; all claims against Grossman in Count II are
DISMISSED WITH PREJUDICE;

(6)

the motion to dismiss is otherwise DENIED;

(7)

the City and County of Philadelphia’s motion for judgment on the pleadings is
DENIED; and

(8)

the Plaintiff shall be granted to leave to file an Amended Complaint by June 22, 2015.

BY THE COURT:
/S/WENDY BEETLESTONE, J.
______________________________
WENDY BEETLESTONE, J.