QUINTANA v. CITY OF PHILADELPHIA et al

Filing 52

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS (DOC NOS. 38&42) ARE GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/30/18. 7/31/18 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NOEL QUINTANA a/k/a CHRISTOPHER
SANDLE,
Plaintiff,

CIVIL ACTION
No. 17-0996

v.
CITY OF PHILADELPHIA, et al.,
Defendants.
ORDER

AND NOW, this 30th day of July, 2018, after consideration of Defendants’
Motions to Dismiss, (ECF Nos. 38 & 42), Plaintiff’s Responses, (ECF Nos. 48 & 49), and
Nordo’s Reply (ECF No. 50), it is hereby ORDERED that the Motions are GRANTED
in part and DENIED in part.
1. Count I for malicious prosecution under § 1983 is DISMISSED against the
City of Philadelphia, the Philadelphia Police Department, Richard Ross, Jeffrey
Schmidt, Sean Matrascez, John Cole, Timothy Miller, Samuel Hudson, Thomas
Matinka, and the Philadelphia District Attorney’s Office;
2. Count II for conspiracy is DISMISSED against all defendants;
3. Count III under Monell is DISMISSED against all defendants;
4. Count VI for malicious prosecution under state law is DISMISSED against the
City of Philadelphia, the Philadelphia Police Department, Richard Ross, Jeffrey
Schmidt, Sean Matrascez, John Cole, Timothy Miller, Samuel Hudson, Thomas
Matinka, and the Philadelphia District Attorney’s Office; and,

5. Count VII for negligent and intentional infliction of emotional distress is
DISMISSED against all defendants.

BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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