CANNON v. CITY AND COUNTY OF PHILADELPHIA et al

Filing 32

ORDERED THAT DEFENDANT WILLIS'S SUMMARY JUDGMENT MOTION (DOCKET NO. 21) IS GRANTED IN PART AND DENIED IN PART AS SET FORTH IN THE ORDER.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/19/16. 8/23/16 ENTERED AND COPIES E-MAILED.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DEVON CANNON,
Plaintiff,
v.
POLICE OFFICER AARON WILLIS et al.,
Defendants.

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CIVIL ACTION

No. 14-5388

ORDER
AND NOW, this 19th day of August, 2016, upon consideration of Defendant Police
Officer Aaron Willis’s Motion for Summary Judgment (Docket No. 21), Plaintiff’s Response in
Opposition (Docket No. 22), Plaintiff’s Amended Response in Opposition (Docket No. 28), the
Exhibit to the Motion for Summary Judgment (Docket No. 30), and following oral argument held
on February 3, 2016, the Court hereby ORDERS that Defendant Police Officer Aaron Willis’s
Motion for Summary Judgment (Docket No. 21) is GRANTED IN PART and DENIED IN
PART consistent with the following:
1. Mr. Cannon’s § 1983 claim based on a violation of the Equal Protection Clause of the
Fourteenth Amendment (Count 6), his assault claim (Count 7), and his claim for
intentional infliction of emotional distress (Count 9) are deemed withdrawn;
2. The Motion is GRANTED as to Mr. Cannon’s claims for conversion (Count 12), civil
conspiracy (Count 13), and abuse of process (Count 11);
3. The Motion is DENIED as to all remaining claims (Counts 2, 4, 8, and 10), as well as
Defendant Police Officer Aaron Willis’s qualified immunity defense.
BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge