KOVALEV v. CITY OF PHILADELPHIA et al

Filing 10

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS [ECF DOC. NO.7] IS GRANTED IN PART AND DENIED IN PART. DEFENDANT SHALL ANSWER THE COMPLAINT NO LATER THAN 3/14/17. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/28/17. 2/28/17 ENTERED & E-MAILED. COPY MAILED TO KOVALEV. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION

SERGEI KOVALEV

v.
No.16-6380
CITY OF PHILADELPHIA, et al.

ORDER
AND NOW, this 28th day of February 2017, upon consideration of Defendants' Motion

to dismiss (ECF Doc. No. 7), prose Plaintiffs Opposition (ECF Doc. No. 8) and for reasons in
the accompanying Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 7) is
GRANTED in part and DENIED in part:
1.

We dismiss with prejudice Plaintiffs claims for First Amendment retaliation

based on qualified immunity to the extent it is based on Defendant Kennedy and Defendant
Weiss requesting the sheriffs forcibly remove Mr. Kovalev from the area and discouraging the
Board from making a decision (Count III);
2.

We dismiss with prejudice Plaintiffs claims for Ninth Amendment violations,

negligent infliction of emotional distress (Count V), defamation (Count VI) and harassment
(Count VIII);
3.

We dismiss without prejudice Plaintiffs claims for Fourteenth Amendment

substantive due process violations against Defendant Brown, Fourteenth Amendment procedural
due process violations, Fourteenth Amendment race/ethnicity/national origin discrimination
(Count IV), and intentional infliction of emotional distress against Defendant Brown (Count V);
4.

We deny Defendants' Motion in all other respects and allow Plaintiff to proceed

into discovery on his claims for failure to train or supervise (Count I), First Amendment right of

access to public property and public information (Count II), First Amendment retaliation to the
extent it is based on Defendant Weiss and Defendant Kennedy issuing the false report (Count
III), Fourteenth Amendment substantive due process against Defendant Weiss and Defendant
Kennedy, common law assault (Count VII), and intentional infliction of emotional distress
against Defendant Weiss and Defendant Kennedy (Count V); and,
5.

Defendant shall answer the Complaint no later than March 14, 2017.