SPADDY v. SEPTA et al

Filing 39

ORDER THAT DEFTS' MOTION TO DISMISS (ECF NO. 28) IS GRANTED IN PART & DENIED IN PART, ETC. THE COURT GRANTS SPADDY LEAVE TO AMEND HIS FOURTEENTH AMENDMENT SELECTIVE ENFORCEMENT CLAIM ON OR BEFORE 8/19/2016.SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/20/16. 7/20/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RICHARD SPADDY,
Plaintiff,
v.

CIVIL ACTION
No. 15-2995

SOUTHEASTERN PENNSYLVANIA
TRANSPORTATION AUTHORITY, et al.,
Defendants.
ORDER
AND NOW, this 20th day of July, 2016, upon consideration of Defendants’ Motion to
Dismiss (ECF No. 28), Richard Spaddy’s (“Spaddy”) Response (ECF No. 32) and Defendants’
Reply (ECF No. 37), it is ORDERED that the motion is GRANTED in part and DENIED in
part.
The Court DISMISSES the following claims against the Unnamed Officers: (1) the
Section 1983 false arrest, false imprisonment and malicious prosecution claims insofar as they
are premised on the June 8, 2013 incident; (2) the state law false imprisonment and malicious
prosecution claims based on the same incident; (3) the Fourteenth Amendment selective
enforcement claim; and (4) the state law defamation and false light claims.
The Court DISMISSES the following claims against Officer J. Martin: (1) the Section
1983 false arrest, false imprisonment and malicious prosecution claims in their entirety; (2) the
state law false imprisonment and malicious prosecution claims in their entirety; (3) the
Fourteenth Amendment selective enforcement claim; and (4) the state law defamation and false
light claims. The Court also DISMISSES Spaddy’s Monell claim against SEPTA.

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The Court grants Spaddy leave to amend his Fourteenth Amendment selective
enforcement claim on or before August 19, 2016.

BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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