POWERS v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY et al

Filing 71

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 65 IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/18/23. 5/18/23 ENTERED & E-MAILED.(fdc)

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Case 2:19-cv-04685-MSG Document 71 Filed 05/18/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANTHONY POWERS, Civil Action Plaintiff, No. 19-cv-4685 v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY et al., Defendants. ORDER AND NOW, this 18th day of May, 2023, upon consideration of Defendants’ Motion for Summary Judgment (ECF No. 65), and the responses and replies thereto, and for the reasons set out in the accompanying memorandum opinion, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part as follows: 1. All claims against Defendants Locks and Waddell are DISMISSED. 2. All claims under the Americans with Disabilities Act (including retaliation claims under that Act) and for disability discrimination under the Pennsylvania Human Relations Act are DISMISSED. 3. The motion is DENIED as to: a. Powers’s race discrimination claims against Defendants SEPTA (Title VII and the Pennsylvania Human Relations Act) and Benson (42 U.S.C. § 1981 and the Pennsylvania Human Relations Act) in regard to Powers’s one-day suspension; and 1 Case 2:19-cv-04685-MSG Document 71 Filed 05/18/23 Page 2 of 2 b. Powers’s retaliation claims against Defendants SEPTA (Title VII and the Pennsylvania Human Relations Act) and Benson (the Pennsylvania Human Relations Act) in regard to Powers’s one-day suspension and termination. BY THE COURT: /s/ Mitchell S. Goldberg MITCHELL S. GOLDBERG, J. 2

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