ANDREWS v. KNIGHT et al

Filing 104

ORDER THAT DEFENDANTS 91 MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED AS TO COUNT I OF PLAINTIFFS SECOND AMENDED COMPLAINT WITH RESPECT TO INDIVIDUAL DEFENDANTS GIORLA, DOTSON, MARTIN AND LOVE; DEFENDANTS MOTION IS GRANTED AS TO COUNT II AGAINST DEFENDANTS GIORLA AND DOTSON BUT DENIED AS TO DEFENDANTS KNIGHT, MARTIN AND LOVE; DEFENDANTS MOTION IS GRANTED AS TO COUNTS III AND IV AS TO ALL DEFENDANTS; DEFENDANTS CITY AND GIORLAS MOTION IS DENIED AS TO COUNT V; THE PARTIES SHALL CONTACT MAGIST RATE JUDGE LYNNE A. SITARSKI TO SCHEDULE A SETTLEMENT CONFERENCE TO BE HELD WITHIN FORTY-FIVE (45) DAYS OF THE DATE OF THIS ORDER; AND, WITHIN TWO (2) WEEKS OF THE SETTLEMENT CONFERENCE, THE PARTIES SHALL PROVIDE THIS COURT WITH A JOINTLY PREPARED WRITTEN STATUS REPORT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/7/22. 11/9/22 ENTERED AND COPIES E-MAILED. (va)

Case 2:17-cv-00962-CDJ Document 104 Filed 11/09/22 Page 1 of 2

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

GERALD ANDREWS
Plaintiff,

:

v.

:

KNIGHT, Philadelphia Corrections Officer
Sergeant, individually and in his official capacity;
FREDRICKS, Philadelphia Corrections Officer,
individually and in his official capacity;
SEAGRAVES, Philadelphia Correction Officer,
individually and in his official capacity; HOBER,
Philadelphia Corrections Officer, individually and
in his official capacity; YOUNG, Philadelphia
Correction Officer, individually and in his official
capacity; WALKER, Philadelphia Correction
Officer, individually and in his official capacity;
CITY OF PHILADELPHIA; CAPT. RAHMAN;
CO1 BLAIR; CAPT. LOVE; CAPT. GRAY;
CO1 JEFFERSON; CO1 DOTSON; MAJOR
MARTIN; CO1 MULVENNA; MAJOR MAY;
CO1 BUTLER; LOUIS GIORLA; and,
CAPT. JOHNSON
Defendants.

:

:

CIVIL ACTION
NO. 17-0962

:

:

:

:

ORDER
AND NOW, this 7th day of November 2022, upon consideration of: Defendants Love,
City of Philadelphia, Dotson, Giorla, Knight and Martin’s Motion for Partial Summary Judgment
(ECF No. 91); Plaintiff’s Opposition thereto (ECF No. 96); and, Defendants’ Reply (ECF No.
98), it is hereby ORDERED as follows:
(1) Defendants’ Motion is GRANTED as to Count I of Plaintiff’s Second
Amended Complaint with respect to individual Defendants Giorla, Dotson,
Martin and Love;
(2) Defendants’ Motion is GRANTED as to Count II against Defendants Giorla
and Dotson but DENIED as to Defendants Knight, Martin and Love;

Page 1 of 2

Case 2:17-cv-00962-CDJ Document 104 Filed 11/09/22 Page 2 of 2

(3) Defendants’ Motion is GRANTED as to Counts III and IV as to all
Defendants;
(4) Defendants City and Giorla’s Motion is DENIED as to Count V;
(5) The parties shall contact Magistrate Judge Lynne A. Sitarski to schedule a
settlement conference to be held within forty-five (45) days of the date of this
Order;1 and,
(6) Within two (2) weeks of the settlement conference, the parties shall provide
this Court with a jointly prepared written status report.

BY THE COURT:

/s/ C. Darnell Jones, II

1

J.

Said report shall inform the court as to whether the parties would be amenable to continuing
their settlement efforts with Judge Sitarski or participating in the Court-Annexed Mediation
Program at no cost to either side. A list of approved mediators participating in the Program
may be found at: http://www.paed.uscourts.gov/documents2/mediation.

Page 2 of 2