WESTON v. CITY OF PHILADELPHIA et al

Filing 5

ORDER THAT THE DEFENDANTS 2 MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED AS FOLLOWS: COUNTS I, II, IV, V AND VI OF THE COMPLAINT ARE DISMISSED AS TO ALL DEFENDANT S, EXCEPT DEFENDANT POLICE OFFICER HULMES; AND PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT AS TO COUNTS IV AND V ONLY NO LATER THAN SEPTEMBER 13, 2017. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/29/17. 8/29/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RAYMOND L. WESTON

:
:
v.
:
:
CITY OF PHILADELPHIA, COMMISSIONER :
CHARLES H. RAMSEY, SERGEANT
:
DIDONATO, SERGEANT GUILIAN,
:
LIEUTENANT JOHN DOE, CAPTAIN JOHN :
DOE, CAPTAIN DETECTIVE JOHN DOE,
:
POLICE OFFICER HULMES, POLICE
:
OFFICER BANNING, POLICE OFFICER
:
QUINN, POLICE OFFICER LYNCH, POLICE :
OFFICER JONES, and POLICE OFFICERS :
JOHN DOE 1–2
:

CIVIL ACTION

NO. 17-2432

ORDER
NOW, this 29th day of August, 2017, upon consideration of the Defendants’ Motion
to Dismiss Plaintiff’s Complaint for Failure to State a Claim (Document No. 2), and the
plaintiff’s response, it is ORDERED that the motion is GRANTED IN PART AND DENIED
IN PART.
IT IS FURTHER ORDERED as follows:
1.

Counts I, II, IV, V and VI of the Complaint are DISMISSED as to all

defendants, except defendant Police Officer Hulmes; and
2.

Plaintiff is granted leave to file an amended complaint as to Counts IV and V

only no later than September 13, 2017.

/s/TIMOTHY J. SAVAGE