GILYARD et al v. DUSAK et al

Filing 160

ORDER THAT PLAINTIFFS' MOTION FOR RECONSIDERATION IS GRANTED IN PART AND DENIED IN PART. THE PARTIES SHALL FILE SUPPLEMENTAL JURY INSTRUCTIONS AND PROPOSED VERDICT SLIP BY 6/29/18; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/15/18. 6/15/18 ENTERED AND E-MAILED.(jl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EUGENE GIL YARD, et al v. CIVIL ACTION NO. 16-2986 DETECTIVE DENNIS DUSAK, et al ORDER AND NOW, this 15th day of June 2018, upon considering Plaintiffs' Motion for reconsideration (ECF Doc. No. 151), Defendants' Response (ECF Doc. No. 154), Plaintiffs' Reply (ECF Doc. No. 155), Defendants' Sur-Reply (ECF Doc. No. 158), and for the reasons in the accompanying Memorandum, it is ORDERED Plaintiffs' Motion (ECF Doc. No. 151) is GRANTED in part and DENIED in part: 1. Plaintiffs' Motion is granted to proceed to trial solely on a Fourth Amendment malicious prosecution claim and Fourteenth Amendment fabrication of evidence claim against Defendants Dusak and Benham and a Monell claim against Defendant City of Philadelphia challenging the policy, training, and supervising of detectives' obligations to include exculpatory evidence in affidavits of probable cause; 2. Plaintiffs' Motion is otherwise denied; and, 3. The parties shall file supplemental suggested jury instructions and proposed verdict slip in accord with our accompanying Memorandum on or before June 29, 2018.

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