VANDERKLOK v. UNITED STATES OF AMERICA et al

Filing 43

MEMORANDUM AND ORDER THAT THE MOTION OF DEFENDANTS PINKNEY, WOJCIECHOWSKI, AND FLAVILLE [#26] IS GRANTED AND ALL CLAIMS AGAINST THEM ARE HEREBY DISMISSED; THE MOTION OF DEFENDANT CITY OF PHILADELPHIA [#27] IS GRANTED AND ALL CLAIMS AGAINST IT, AND ALL "OFFICIAL CAPACITY CLAIMS" AGAINST DEFENDANTS PINKNEY, WOJCIECHOWSKI, AND FLAVILLE ARE HEREBY DISMISSED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/29/15. 9/30/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROGER VANDERKLOK,
Plaintiff,
CIVIL ACTION
NO. 15-00370

v.

UNITED STATES OF AMERICA, et al.,
Defendants.

ORDER
AND NOW, this 29th day of September, 2015, upon consideration of the Motions to
Dismiss filed by Defendants Raymond Pinkney, Michael Wojciechowski, Kenneth Flaville, and
the City of Philadelphia, (ECF Nos. 26, 27), Plaintiff’s opposition thereto, (ECF Nos. 31, 32),
and Defendants’ replies (ECF Nos. 36, 37) it is ORDERED that:
1.

The motion of Defendants Pinkney, Wojciechowski, and Flaville (ECF No. 26) is
GRANTED and all claims against them are hereby DISMISSED;

2.

The motion of Defendant City of Philadelphia (ECF No. 27) is GRANTED and all
claims against it, and all “official capacity claims” against Defendants Pinkney,
Wojciechowski, and Flaville are hereby DISMISSED.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.