HANDY v. PALMIERO et al

Filing 18

ORDER THAT DEFENDANTS CITY AND COUNTY OF PHILADELPHIA, LEELONI PALMIERO, SERGEANT BALDOMERO, DETECTIVE HAGY, DETECTIVE HORGER, DETECTIVE SULLIVAN AND COMMISSIONER RICHARD ROSS'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 9/28/18. 9/28/18 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RODNEY HANDY, JR.

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v.
LEELONI PALMIERO, et al.

CIVIL ACTION
No. 17-3107

ORDER
AND NOW, this 28th day of September, 2018, upon consideration of Defendants City
and County of Philadelphia, Leeloni Palmiero, Sergeant Baldomero, Detective Hagy, Detective
Horger, Detective Sullivan, and Commissioner Richard Ross’s Motion to Dismiss Plaintiff’s
Amended Complaint for Failure to State a Claim and Plaintiff Rodney Handy, Jr.’s opposition
thereto, and for the reasons set forth in the accompanying Memorandum, it is ORDERED the
Motion (Document 14) is GRANTED in part and DENIED in part as follows:


The Motion is DENIED as to Handy’s Fourth Amendment search and seizure
claim and state law defamation, libel, and slander claims against the Individual
Defendants; and



The Motion is GRANTED as to all other claims in Handy’s Amended Complaint.
Handy’s Fourth Amendment search and seizure Monell claim against the City and
Commissioner Ross is DISMISSED without prejudice to Handy’s right to seek
leave to amend in the event discovery reveals a basis for Monell liability. All of
the remaining claims are DISMISSED with prejudice.

A scheduling order will be entered separately.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, C.J.

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