VERRECCHIA et al v. THE CITY OF PHILADELPHIA et al

Filing 12

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS 7 , IT IS ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART. IN COUNT ONE, IT IS GRANTED AS TO DEFENDANT OFFICERS BALMER, MENDEZ AND JOHNSON AND DENIED AS TO OFFICERS TA GUE, GUARNA, DOUGHERTY AND KRAUSE. THE MOTION IS GRANTED AS TO THE EXCESSIVE FORCE CLAIM IN COUNT TWO, THE MONELL CLAIMS IN COUNT FIVE. PLAINTIFFS ARE GRANTED LEAVE TO AMEND THE COMPLAINT AS TO COUNTS ONE, TWO AND FIVE BY 2/9/2017. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/19/17. 1/20/17 ENTERED AND COPIES E-MAILED.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RAYLENE VERRECCHIA, et al.,
v.
CITY OF PHILADELPHIA, et al.

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CIVIL ACTION

NO. 16-0284

ORDER
AND NOW, this 19th day of January, 2017, upon consideration of Defendants’ Motion to
Dismiss (Docket No. 7), and Plaintiffs’ opposition thereto, and for the reasons stated in the
accompanying Memorandum, IT IS HEREBY ORDERED that the Motion is GRANTED IN
PART and DENIED IN PART as follows:
1.

Insofar as the Motion seeks dismissal of the claims in Count One for false arrest,
false imprisonment, and malicious prosecution, the Motion is GRANTED as to
Defendant Officers Balmer, Mendez, and Johnson, and DENIED as to Defendant
Officers Tague, Guarna, Dougherty, and Krause.

2.

The Motion is GRANTED insofar as it seeks dismissal of the claim in Count Two
for excessive use of force as to Defendant Officer Johnson.

3.

The Motion is GRANTED insofar as it seeks dismissal of the Monell claims in
Count Five against the City of Philadelphia.

4.

Plaintiffs are GRANTED leave to amend the Complaint as to Counts One, Two,
and Five. Any amended complaint shall be filed on or before February 9, 2017.
BY THE COURT:

_/s/ John R. Padova, J.
John R. Padova, J.