MUNGIA v. THE CITY OF PHILADELPHIA et al

Filing 18

ORDER TAHT COUNT II FOR EXCESSIVE FORCE IS DISMISSED WITHOUT PREJUDICE AGAINST JACKSON AND NIEVES. COUNT IV FO MUNICIPAL LIABILITY IS DISMISSED WITHOUT PREJUDICE AGAINST BENSALEM TOWNSHIP. COUNT VI FOR THEFT IS DISMISSED WITHOUT PREJUDICE AGAINST JACKSON AND NIEVES. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT, ON OR BEFORE 11/13/2018, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/29/18. 10/29/18 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EVELYCE MUNGIA,
Plaintiff,

CIVIL ACTION
NO. 18-2634

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

AND NOW, this 29th day of October, 2018, after consideration of Defendant’s
Motion to Dismiss, (ECF No. 14), and Plaintiff’s Response, (ECF No. 16), it is hereby
ORDERED that:
1. Count II for excessive force is DISMISSED without prejudice against Jackson
and Nieves.
2. Count IV for municipal liability is DISMISSED without prejudice against
Bensalem Township.
3. Count VI for theft is DISMISSED without prejudice against Jackson and
Nieves.
4. Plaintiff may file a Second Amended Complaint, consistent with the attached
Memorandum, on or before November 13, 2018.
5. Defendants Sweeney and City of Philadelphia must answer Plaintiff’s Second
Amended Complaint within the time prescribed by the Federal Rules of Civil
Procedure.

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

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