ARNOLD v. CITY OF PHILADELPHIA et al

Filing 77

ORDER THAT SUMMARY JUDGMENT IS GRANTED as to ALL CLAIMS AGAINST DEFENDANTS City of Philadelphia, Victor Valenzona, and Confidential Informant 013338, AND THEREFORE THOSE DEFENDANTS ARE DISMISSED FROM THIS CASE; SUMMARY JUDGMENT IS GRANTED as to COUNT IV (unlawful search and seizure); SUMMARY JUDGMENT IS GRANTED as to COUNT VIII (assault and battery); SUMMARY JUDGMENT ON THE REMAINING CLAIMS (Counts V, VI, and VII) against DEFENDANTS CAMPBELL, ELEAZAR, MCKNIGHT, MOUZON, AND TOWMAN IS DENIED; AND THE CLERK OF COURT IS DIRECTED TO AMEND THE CASE'S CAPTION TO INCLUDE ONLY DEFENDANTS CAMPBELL, ELEAZAR, MCKNIGHT, MOUZON, AND TOWMAN. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 12/19/2017. 12/19/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEWART ARNOLD,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

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CIVIL ACTION

No. 16-4103

ORDER
AND NOW, on December 19, 2017, upon consideration of Defendants’ Motion for
Summary Judgment (doc. 67), Plaintiff’s Response (doc. 70), Defendants’ Reply (doc. 71), and
Plaintiff’s Sur-Reply (doc. 72), and in accordance with the accompanying memorandum opinion,
it is ORDERED that:
1.

summary judgment is GRANTED as to ALL CLAIMS against Defendants City of
Philadelphia, Victor Valenzona, and Confidential Informant 013338, and therefore those
defendants are DISMISSED from this case;

2.

summary judgment is GRANTED as to COUNT IV (unlawful search and seizure);

3.

summary judgment is GRANTED as to COUNT VIII (assault and battery);

4.

summary judgment on the remaining claims (Counts V, VI, and VII) against Defendants
Campbell, Eleazer, McKnight, Mouzon, and Towman is DENIED; and

5.

the Clerk of Court is DIRECTED to amend the case’s Caption to include only Defendants
Campbell, Eleazar, McKnight, Mouzon, and Towman.
BY THE COURT:

/s/ Timothy R. Rice
TIMOTHY R. RICE
U.S MAGISTRATE JUDGE