MARTIN-MCFARLANE v. THE CITY OF PHILADELPHIA et al

Filing 16

MEMORANDUM OPINION ORDER THAT THE MOTION TO DISMISS FILED BY DEFENDANTS THE CITY OF PHILADELPHIA, CHRISTOPHER COX, AND THOMAS DOMAN (DOC. NO. 7 ), IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. THE MOTION TO DISMISS FILED BY ALBERT EINSTE IN MEDICAL CENTER, ALBERT EINSTEIN HEALTHCARE NETWORK, ALBERT EINSTEIN MEDICAL ASSOCIATES, INC., AND THE DEPARTMENT OF PROTECTIVE SERVICES (DOC. NO. 11 ), IS GRANTED. CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. DEFENDANTS THE CITY OF PHILADELPHIA, CHRISTOPHER COX, AND THOMAS DOMAN SHALL FILE AN ANSWER NO LATER THAN 11/8/2017. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/25/2017. 10/26/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES l)ISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STELLITA MARTIN-MCFARLANE,,
Plaintiff,

v.

CIVIL ACTION NO. 17-0118

CITY OF PHILADELPHIA, et al.,
Defendants.
ORDER

AND NOW, this 25th day of October 2017, upon consideration of the Motion to

Dismiss filed by Defendants the City of Philadelphia, Christopher Cox, and Thomas Doman
[Doc. No. 7], the Motion to Dismiss filed by Albert Einstein Medical Center, Albert Einstein
Healthcare Network, Albert Einstein Medical Associates, Inc. and the Department of Protective
Services [Doc. No. 11], and the responses thereto [Doc. Nos. 10, 12], it is hereby ORDERED
that:
1. The Motion to Dismiss filed by Defendants the City of Philadelphia, Christopher
Cox, and Thomas Doman [Doc. No. 7] is GRANTED IN PART AND DENIED IN
PART as follows:

a. The Motion to Dismiss [Doc. No. 7] is GRANTED with respect to the
following claims:
1.

Plaintiffs§ 1983 claims for violation of her First and Fourth
Amendment rights are DISMISSED WITH PREJUDICE.

11.

Plaintiffs assault and battery claims are DISMISSED WITH
PREJUDICE.

111.

Plaintiffs false imprisonment claim is DISMISSED WITH
PREJUDICE.

iv.

Plaintiff's trespass claim is DISMISSED WITH PREJUDICE.

v.

Plaintiff's claim for interference with state constitutional rights is

DISMISSED WITH PREJUDICE.
Vl.

Plaintiff's negligence and gross negligence claims against Cox and
Doman are DISMISSED WITH PREJUDICE.

vu.

Plaintiff's negligent hiring, training, retention, and supervision claim
against the City is DISMISSED WITH PREJUDICE.

b. The Motion to Dismiss [Doc. No. 7] is DENIED with respect to the following
claims:
L

11.
111.

Plaintiff's§ 1983 state-created danger claim against Cox and Doman.
Plaintiff's § 1983 Monell failure to train claim against the City.
Plaintiff's intentional infliction of emotional distress claim against the
City, Cox, and Doman.

2. The Motion to Dismiss filed by Albert Einstein Medical Center, Albert Einstein
Healthcare Network, Albert Einstein Medical Associates, Inc., and the Department of
Protective Services [Doc. No. 11] is GRANTED. Claims against these Defendants
are DISMISSED WITH PREJUDICE.
Defendants the City of Philadelphia, Christopher Cox, and Thomas Doman shall file an answer
no later than November 8, 2017.
It is so ORDERED.

BY THE COURT:

- . R~ .~
\.r

THIA M. RUFE, J.

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