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Allen v. District Attorney's Office Of Philadelphia

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 3, 2009

LEON ALLEN AND LAWRENCE WILLIAMS, PLAINTIFFS,
v.
DISTRICT ATTORNEY'S OFFICE OF PHILADELPHIA, PETER DAILEY, ROBERTITO FONTAN, JOSEPH GEORGE, RICHARD T. GRAMLICH, LEWIS B. PALMER, KAREN HEYWARD, JOHN MCCONNELL, JOHN DOE, AND RICHARD ROE DEFENDANT.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 3rd day of August, 2009, upon consideration of Defendants' Motion for Summary Judgment, Plaintiffs' Response to Defendants' Motion for Summary Judgment it is determined that Defendants' Motion in GRANTED IN PART and DENIED IN PART. Regarding Plaintiffs' Fourth Amendment claim, Defendants' actions do not merit qualified immunity. As such, summary judgment is denied as to this claim. Regarding, Plaintiffs' state law claim, summary judgment is granted and Plaintiff's state law claim is dismissed.

Further, the District Attorney's Office of Philadelphia is DISMISSED as a party.

IT IS SO ORDERED.

20090803

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