GILYARD et al v. DUSAK et al

Filing 92

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/29/17. 6/29/17 ENTERED AND COPIES E-MAILED.(mbh, )

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

v.

CIVIL ACTION
NO. 16-2986

DENNIS DUSAK, et al.
ORDER
AND NOW, this 29th day of June 2017, upon consideration of Defendants' Motion for
summary judgment (ECF Doc. No. 68), Plaintiffs' Response (ECF Doc. No. 76), Defendants'
Reply (ECF Doc. No. 86), Plaintiffs' Sur-reply (ECF Doc. No. 90) and for reasons in the
accompanying Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 68) is
GRANTED in part and DENIED in part:
1.

We grant Defendants' Motion and dismiss the state law claims of false arrest,

negligent infliction of emotional distress, intentional infliction of emotional distress, breach of
fiduciary duty and government trust, invasion of privacy, defamation, abuse of process, and
misuse of process as withdrawn at oral argument;
2.

We grant Defendants' Motion as to Detective Wynn and he is dismissed;

3.

We deny Defendants' Motion as to Detectives Dusak and Benham; and,

4.

We deny Defendants' Motion as to the City of Philadelphia based solely on

evidence relating to a failure to train theory or failure to supervise theory but may not assert
municipal liability against the City of Philadelphia based on a claim of unconstitutional policy.

4fii.:~,J.