PASSALACQUA v. CITY OF PHILADELPHIA et al

Filing 56

OPINION ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 38 ), WILL BE GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/2/2016. 12/2/2016 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PASSALACQUA,
Plaintiff,

CIVIL ACTION
NO. 14-5618

v.
CITY OF PHILADELPHIA, et al.,
Defendants.
ORDER

AND NOW, this 2nd day of December 2016, upon consideration of Defendants’ Motion
for Summary Judgment (Doc. No. 38), Plaintiff’s Response in Opposition to Defendants’ Motion
for Summary Judgment (Doc. No. 42), and Defendants’ Reply (Doc. No. 50), and in accordance
with the Opinion issued this day, it is ORDERED that Defendants’ Motion for Summary
Judgment (Doc. No. 38) will be GRANTED IN PART AND DENIED IN PART.

It is

FURHTER ORDERED that Defendants’ Motion for Summary Judgment (Doc. No. 38) will be
GRANTED on the following claims:
1. Summary judgment will be granted in favor of Defendants Ramsey and Williams on
Count I.
2. Summary judgment will be granted in favor of Defendants Ramsey, Williams, Wixted,
and Does on Count II.
3. Summary judgment will be granted in favor of Defendant Ramsey on Count III on the
failure to supervise allegations. Summary judgment also will be granted in favor of
Defendants Ramsey, Williams, Wixted and Meehan on Count III on the unreasonable
search and seizure allegations arising from the strip search.

4. Summary judgment will be granted in favor of Defendants Ramsey, Williams, Wixted,
Meehan, and Doe on Count V.
5. Summary judgment will be granted in favor of the City of Philadelphia on Count VI.
6. Summary judgment will be granted in favor of all Defendants on Count IX.
7. Summary judgment will be granted in favor of Defendants Ramsey, Williams, Wixted,
Meehan, and Doe on Counts X and XI on the claims for monetary damages only.
Defendants’ Motion for Summary Judgment (Doc. No. 38) will be DENIED on the following
claims:
1. Summary Judgment will be denied on Count I against Defendants Meehan and Wixted.
2. Summary judgment will be denied on Count III against Defendant Williams on the
allegations of an unreasonable search and seizure regarding Plaintiff’s DNA and
fingerprints.
3. Summary judgment will be denied on Counts X and XI on the request for injunctive
relief.

BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.

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