Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Davis-Heep v. City of Philadelphia

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


April 19, 2010

DARLENE DAVIS-HEEP, PLAINTIFF,
v.
CITY OF PHILADELPHIA; SHELLY R. SMITH AND KATHLEEN TIA BURKE, DEFENDANTS.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER

AND NOW, this 19th day of April, 2010, upon consideration of Defendants City of Philadelphia and Shelly R. Smith's Motion to Dismiss (Doc. No. 3), and the Response and Reply thereto, it is hereby

ORDERED that said Motion is DENIED IN PART and GRANTED IN PART. It is FURTHER ORDERED that:

1. As to Count I of the Complaint, Defendants' Motion to Dismiss Plaintiff's First Amendment retaliation claims regarding "Reported Misconduct by Burke" and "Cooperation in the McKenna Lawsuit" is GRANTED. Defendants' Motion to Dismiss Plaintiff's First Amendment retaliation claim concerning the "Heep-Burke Lawsuit" is DENIED;

2. As to Count II, Defendants' Motion to Dismiss Plaintiff's § 1983 claim against the City of Philadelphia and § 1983 race discrimination claim is DENIED. Defendants' Motion to Dismiss Plaintiff's § 1983 conspiracy claim and § 1981 race discrimination cause of action is GRANTED;

3. Defendants' Motion to Dismiss Count III of the Complaint for state law wrongful termination is GRANTED; and

4. Defendants' Motion to Dismiss Count IV of the Complaint for state law conspiracy is GRANTED.

20100419

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.