CARSON v. CITY OF PHILADELPHIA et al

Filing 15

MEMORANDUM AND ORDER THAT MOTION TO DISMISS (DOC. 7) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE JUAN R. SANCHEZ ON 5/8/24. 5/8/24 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SAMUEL CARSON
v.
CITY OF PHILADELPHIA, et al.

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CIVIL ACTION
No. 23-2661

ORDER
AND NOW, this 7th day of May, 2024, upon consideration of the Motion to Dismiss of
Defendants former District Attorney (“DA”) Lynne Abraham, former Assistant District Attorney
(“ADA”) Charles Grant, and former Assistant District Attorney David Desiderio (collectively, the
“DA Defendants”), Plaintiff Samuel Carson’s response in opposition thereto, and the DA
Defendants’ reply, and for the reasons stated in the accompanying Memorandum, it is hereby
ORDERED the Motion is GRANTED in part and DENIED in part as follows:
1. The Motion is GRANTED as unopposed as to the § 1983 claim for failure to intervene.
2. The Motion is GRANTED without prejudice as to all remaining claims against DA
Abraham and ADA Grant.
3. The Motion is DENIED without prejudice as to all remaining claims against ADA
Desiderio.
It is FURTHER ORDERED DA Abraham and ADA Grant are DISMISSED from this
matter without prejudice.

BY THE COURT:

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