GILYARD et al v. DUSAK et al

Filing 149

ORDER THAT DEFENDANTS' MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS IS GRANTED AND WE DISMISS PLAINTIFFS' CLAIMS UNDER THE FIFTH AND FOURTEENTH AMENDMENTS AS WELL AS ANY CLAIMS FOR MONELL SUPERVISORY LIABILITY AGAINST THE CITY BASED ON ANY THEORY OTHER THAN CHALLENGING THE PHILADELPHIA POLICE'S POLICY, TRAINING AND SUPERVISING OF OFFICERS' OBLIGATIONSTO INCLUDE EXCULPATORY EVIDENCE IN AFFIDAVITS OF PROBABLE CAUSE. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/8/18. 5/9/18 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EUGENE GILYARD, et al

CIVIL ACTION

v.

NO. 16-2986

DETECTIVE DENNIS DUSAK, et al

ORDER
AND NOW, this

gth

day of May 2018, upon considering Defendants' Motion for partial

judgment on the pleadings (ECF Doc. No. 113), Plaintiffs' Oppositions (ECF Doc. Nos. 140, 141),
Defendants' Reply (ECF Doc. No. 142), following oral argument and for reasons in the
accompanying memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 113) for
partial judgment on the pleadings is GRANTED and we dismiss Plaintiffs' claims under the Fifth
and Fourteenth Amendments as well as any claims for Monell supervisory liability against the City
based on any theory other than challenging the Philadelphia Police's policy, training and
supervising of officers' obligations to include exculpatory evidence in affidavits of probable
cause.