GIBBS v. THE PHILA. POLICE DEPARMENT et al

Filing 24

ORDER THAT THE MOTION TO DISMISS THE CLAIMS OF PLFF. AMIN GIBBS, BY DEFT. OFFICER CRAIG PERRY AND A PARTIAL MOTION TO DISMISS BY ALL DEFTS. (DOC. NO. 16) IS GRANTED CONSISTENT WITH THE ACCOMPANYING MEMORANDUM OF LAW AND PLFF'S CLAIMS ARE DISMISSED. THE CLERK OF COURT SHALL MARK THIS CASE AS CLOSED.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 9/20/17. 9/21/17 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMIN GIBBS

:
:
v.
:
:
THE PHILA. POLICE DEPARTMENT, et al. :

CIVIL ACTION
NO. 16-5465

ORDER
AND NOW, this 20th day of September, 2017, upon consideration of a motion to dismiss
the claims of plaintiff Amin Gibbs, proceeding pro se, by defendant Officer Craig Perry and a
partial motion to dismiss by all defendants, Dkt. No. 16, it is ORDERED that the motion is
GRANTED consistent with the accompanying memorandum of law and plaintiff’s claims are
DISMISSED. 1
The Clerk of Court shall mark this case as CLOSED.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.

1

To the extent that plaintiff’s claims challenge his 2014 convictions for aggravated
assault, possession of firearms prohibited and carrying firearms in a public street, they are barred
by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), as is plaintiff’s claim for malicious
prosecution. These claims are dismissed without prejudice to plaintiff filing a new civil action
for damages against an appropriate defendant only in the event that plaintiff’s convictions or
sentence are elsewhere overturned or otherwise called into question.