SPEIGHT et al v. QUILES et al

Filing 40

MEMORANDUM AND ORDER THAT THE CITY DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT PURSUANT TO FRCP 12(B)(6) [#31] IS GRANTED IN PART AND DENIED IN PART. THE CITY DEFENDANTS' MOTION IS GRANTED AS TO THE CLAIMS AGAINST DEFENDANTS WILLIAMS AN D VERRECHIO IN THEIR OFFICIAL CAPACITIES, BUT THOSE CLAIMS SHALL BE TREATED AS CLAIMS AGAINST THE MUNICIPAL DEFENDANTS. THE MOTION IS DENIED IN ALL OTHER RESPECTS; AND DEFENDANT LAM'S MOTION IS DENIED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 6/23/15. 6/24/15 ENTERED & E-MAILED. COPIES MAILED TO UNREPS.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOROTHY SPEIGHT and CARL
SPEIGHT,
Plaintiffs,

CIVIL ACTION

v.
NO. 14-6760
CARLOS QUILES; DONALD BERGER;
IVAN DELGADO; KENNETH LYONS;
PETER LAX; TAK CUN LAM; CITY OF
PHILADELPHIA; CITY OF
PHILADELPHIA; JEWELL WILLIAMS;
and RICHARD VERRECHIO,
Defendants.
ORDER
AND NOW, this 23rd day of June, 2015, upon consideration of Defendants City of
Philadelphia, Office of the Sheriff of the County of Philadelphia, Jewell Williams, and Richard
Verrechio’s (the City Defendants’ ) Motion to Dismiss Amended Complaint Pursuant to Fed Civ.
P. 12(b)(6) (ECF No. 31) and the opposition thereto, and upon consideration of Defendant Lam’s
Motion to Dismiss Amended Complaint Pursuant to Fed Civ. P. 12(b)(6) (ECF No. 33) and the
opposition thereto, IT IS ORDERED that the City Defendants’ Motion is GRANTED IN
PART AND DENIED IN PART:
The City Defendants’ Motion is GRANTED as to the claims against Defendants
Williams and Verrechio in their official capacities, but those claims shall be treated as claims
against the municipal defendants. The Motion is DENIED in all other respects; and

Defendant Lam’s Motion is DENIED.

BY THE COURT:

/s/ Wendy Beetlestone
_______________________________
WENDY BEETLESTONE, J.

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