GODSON v. CITY OF PHILADELPHIA et al
Filing
9
MEMORANDUM AND ORDER THAT MOTION TO DISMISS (DOC. 4) IS GRANTED IN PART AND DENIED IN PART. SIGNED BY DISTRICT JUDGE MICHAEL M. BAYLSON ON 3/10/25. 3/10/25 ENTERED AND COPIES E-MAILED.(rf, )
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DESMOND GODSON,
Plaintiff,
v.
CITY OF PHILADELPHIA, JORDAN
HARRIS, and JEROME L. WATSON
Defendants.
CIVIL ACTION
NO. 24-6461
ORDER RE: MOTION TO DISMISS
AND NOW, on this 10th day of March, 2025, for the reasons stated in the foregoing
Memorandum it is hereby ORDERED that Defendants’ Motion to Dismiss (ECF 4) is
GRANTED in part and DENIED in part. The below chart summarizes the state of Plaintiff’s
claims.
Count
Count I – IIED
Against Individual
Defendants
MTD denied.
Against City
MTD granted with
prejudice.
Count I – NIED
Withdrawn without
Withdrawn without
prejudice.
prejudice.
Count II –Negligence & Gross
Withdrawn without
Withdrawn without
Negligence
prejudice.
prejudice.
Count III – Excessive Force (§
MTD denied.
Withdrawn without
1983)
prejudice.
Count IV – Withholding Medical
Leave to Amend granted.
Withdrawn without
Care & Covering up § 1983
Dismissed without
prejudice.
Violations
prejudice.
Count V – Conspiracy to use
MTD denied.
Excessive Force (§ 1983)
Withdrawn without
prejudice.
1
Count V – Conspiracy to Deny
MTD granted without
Withdrawn without
Access to Court (§ 1983)
prejudice.
prejudice.
Count VI – Cruel/Unusual
Leave to Amend granted.
Leave to Amend granted.
Punishment & Monell Claim
Dismissed without
Dismissed without
prejudice.
prejudice.
Count VII – Unreasonable
Leave to Amend granted.
Withdrawn without
Search & Seizure
Dismissed without
prejudice.
prejudice.
Count VIII – Conspiracy to
MTD granted without
Withdrawn without
Commit Equal Protection
prejudice.
prejudice.
MTD denied.
MTD granted with
Violations (§ 1985)
Count IX – Assault and Battery
prejudice.
Count X – Failure to
MTD denied.
Intervene/Bystander Liability
Withdrawn without
prejudice.
Count XI – Monell Claim
n/a
MTD dismissed with
prejudice.
BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON
United States District Court Judge
2
\\adu.dcn\paed\PHL-DATA\Judge_Baylson\CIVIL 24\24-6461 Godson v City of Phila\24-6461 order re mtd.docx
3
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
