WILSON v. CITY OF PHILADELPHIA et al

Filing 46

ORDER THAT DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/30/2015. 10/30/2015 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NUMAH BARKUE WILSON

CIVIL ACTION

v.

N0.15-1793

OFFICER JOEL JEAN, et al.

ORDER
AND NOW, this 301h day of October 2015, upon consideration of the Defendants'

Motion for Partial Summary Judgment (ECF Doc. No. 28), and Plaintiffs Opposition (ECF Doc.
No. 31), it is ORDERED Defendants' Motion for Partial Summary Judgment (ECF Doc. No.
28) is GRANTED in PART and DENIED in PART;
1.

Defendants' Motion is GRANTED as to the federal civil rights claim of false

arrest as the officers are entitled to qualified immunity and this claim is dismissed;
2.

Defendants' Motion is DENIED as to the Pennsylvania claims of false arrest and

false imprisonment; and,
3.

Plaintiff will proceed to trial on the federal civil rights claim of unreasonable

force and on the supplemental state claims of false arrest/false imprisonment and assault and
battery.