SMITH v. MCCLENDON et al

Filing 7

OPINION AND ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANTS ARE ORDERED TO FILE AN ANSWER TO PLAINTIFF'S ADA CLAIM WITHIN FOURTEEN (14) DAYS FROM THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 5/4/2015. 5/5/2015 ENTERED AND COPIES E-MAILED.(amas)

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

CIVIL ACTION
No. 14-6358

v.
SHERIFF GEORGE MCCLENDON,
THE CITY OF PHILADELPHIA, and
UNNAMED PHILADELPHIA SHERIFFS,
Defendants.
ORDER

AND NOW, this 4th day of May, 2015, upon consideration of Plaintiff’s Complaint
(Doc. No. 1), Defendants’ Motion to Dismiss (Doc. No. 4), and Plaintiff’s Response (Doc. No.
5), it is ORDERED in accordance with the Opinion issued by the Court on this day that
Defendants’ Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Defendants’
Motion to Dismiss is GRANTED with respect to Plaintiff’s Fourth Amendment claim,
Fourteenth Amendment substantive due process claim, Fourteenth Amendment equal protection
claim, and Monell claim. Defendants’ Motion to Dismiss is DENIED with respect to Plaintiff’s
claim under Title II of the Americans with Disabilities Act (“ADA”).

Defendants are

ORDERED to file an Answer to Plaintiff’s ADA claim within fourteen (14) days from the entry
of this Order.
BY THE COURT:

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