FUNAYAMA v. CITY OF PHILADELPHIA et al

Filing 36

ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED AS PLAINTIFF'S CLAIMS AGAINST THE CITY OF PHILADELPHIA AND OFFICER ROBERT KLINEBURGER. PLAINTIFF'S FIRST AMENDMENT CLAIM WILL PROCEED TO TRIAL AGAINST OFFICER MICHAEL LAWSON. THIS CASE IS REFERRED TO THE HONORABLE HENRY S. PERKIN FOR THE PURPOSES OF CONDUCTING A SCHEDULING CONFERENCE; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/9/15. 4/10/15 ENTERED AND E-MAILED, MAILED TO PRO SE.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TOMOKO FUNAYAMA
Plaintiff,
v.
CITY OF PHILADELPHIA, et. al.,
Defendants.

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CIVIL ACTION
13-2667

ORDER
AND NOW, this 9th day of April 2015, upon consideration of defendants’ motion
for summary judgment, doc. no. 31, and plaintiff’s response thereto, doc. no. 34, IT IS
HEREBY ORDERED that:
1.)

Defendants’ motion for summary judgment, doc. no. 31, is GRANTED as

to plaintiff’s claims against the City of Philadelphia and Officer Robert Klineburger;
2.)

Defendants’ motion is GRANTED as to plaintiff’s Fourth Amendment

3.)

Defendants’ motion for summary judgment is otherwise DENIED;

4.)

Plaintiff’s First Amendment claim will proceed to trial against Officer

claim;

Michael Lawson; and
5.)

This case is referred to the Honorable Henry S. Perkin for the purpose of

conducting a scheduling conference.
BY THE COURT
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.