FREIDMAN et al v. PHILADELPHIA PARKING AUTHORITY et al

Filing 23

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART: DEFENDANTS MOTION TO DISMISS COUNT I CLAIMING RETALIATION UNDER 1983 IS DENIED AND PLAINTIFFS MAY PROCEED ON CLAIMS FOR RETALIATION IN RESPONSE TO EXERCISE OF PLAINTIFFS FIRST AMENDEDMENT RIGHT TO SPEECH AND TO PROTEST. DEFENDANTS MOTION TO DISMISS COUNT II ALLEGING VIOLATIONS OF PROCEDURAL AND SUBSTANTIVE DUE PROCESS AND EQUAL PROTECTION IS GRANTED. DEFENDANTS MOTION TO DISMISS COUNT III SEEKING MANADAMUS IS GRANTED.. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/14/15. 5/14/15 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FREIDMAN, et al.

CIVIL ACTION

v.
NO. 14-6071
PHILADELPHIA PARKING
AUTHORITY, et al.

ORDER

AND NOW, this 14th day of May 2015, upon consideration of Defendants' Motion to
Dismiss the Complaint (ECF Doc. No. 9), Plaintiffs' Opposition (ECF Doc. No. 12),
Defendants' Reply (ECF Doc. No. 16), following oral argument and in accord with the
accompanying Memorandum, it is ORDERED the Defendants' Motion to Dismiss is
GRANTED in part and DENIED in part:

1.

Defendants' Motion to Dismiss Count I claiming retaliation under § 1983 is

DENIED and Plaintiffs may proceed on claims for retaliation in response to exercise of

Plaintiffs' First Amendment right to speech and to protest;
2.

Defendants' Motion to Dismiss Count II

a~olations

substantive due process and equal protection is GRANTEh; and,
3.

Defendants' Motion to Dismiss Count III seeking

of procedural and

.

m~mus is GRANTED.