KOVALEV v. CITY OF PHILADELPHIA et al

Filing 141

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [ECF 120] IS GRANTED IN PART AND DENIED IN PART: DEFENDANTS' MOTION IS DENIED AS TO PLAINTIFF'S FIRST AMENDMENT CLAIMS FOR RETALIATION BASED ON THE FALSE REPORTING OF DE FENDANTS WEISS AND KENNEDY ONLY AND THESE CLAIMS WILL PROCEED TO TRIAL; DEFNENDANTS' MOTION IS GRANTED AS TO ALL OTHER CLAIMS AS THERE ARE NO GENUINE ISSUES OF MATERIAL FACT AND JUDGMENT, AS A MATTER OF LAW, MUST BE ENTERED IN FAVOR OF DEFENDANTS ON ALL REMAINING CLAIMS; AND, DEFENDANT CITY OF PHILADELPHIA AND SHERIFF BROWN ARE DISMISSED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/22/17. 9/22/17 ENTERED & E-MAILED. COPY MAILED TO KOVALEV. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SERGEIKOVALEV

CIVIL ACTION

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

ORDER
AND NOW, this 22°d day of September 2017, upon considering Defendants' Motion for
summary judgment (ECF Doc. No. 120), Plaintiffs Response (ECF Doc. No. 126), Defendants'
Reply (ECF Doc. No. 129) and Plaintiffs sur-reply granted upon leave (ECF Doc. No. 137), and
for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion (ECF
Doc. No. 120) is GRANTED in part and DENIED in part:

1.

Defendants' Motion is DENIED as to Plaintiffs First Amendment claims for

retaliation based on the false reporting of Defendants Weiss and Kennedy only and these claims
will proceed to trial;
2.

Defendants' Motion is GRANTED as to all other claims as there are no genuine

issues of material fact and judgment, as a matter of law, must be entered in favor of Defendants
on all remaining claims; and,
3.

Defendant City of Philadelphia and Sheriff Brown are DISMISSED.