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McKinney v. Philadelphia Housing Authority

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


April 20, 2010

ANGELIQUE MCKINNEY, AS PARENT AND NATURAL GUARDIAN OF EBONY GAGE AND RONALD LEWIS GAGE, JR., AND IN HER OWN RIGHT, PLAINTIFFS,
v.
PHILADELPHIA HOUSING AUTHORITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 20th day of April, 2010, upon consideration of the Motion for Summary Judgment filed by Robert and Kathleen Stahl, the Motion for Summary Judgment filed by the PHA Defendants, all responses thereto, the April 5, 2010 oral argument on these motions, and for the reasons stated in the Court's Memorandum dated April 20, 2010, it is hereby ORDERED that:

1. The Motion for Summary filed by Robert and Kathleen Stahl (Doc. No. 113) is GRANTED in part and DENIED in part.

a. The motion is GRANTED on the issue of negligence per se.

b. In all other respects, the motion is DENIED.

2. The Motion for Summary Judgment filed by the PHA Defendants (Doc. No. 115) is GRANTED in part and DENIED in part.

a. The motion is GRANTED on Plaintiffs' Housing Act claims.

b. The motion is DENIED with respect to the issue of the State-Created Danger Doctrine.

c. The motion is GRANTED with respect to the issue of qualified immunity. Defendants Keith Caldwell, Shane Manila, Laverne French, Naomi Walker, V. Booth, Unknown Appraiser, Unknown Eligibility and Compliance Supervisor, Mike Regan, Unknown Inspector, Anthony Toliver, Glen Eric Cuff, Bill O'Mera, Unknown Team E Floater, Ruby Jones, Vince Sherma, and M. Clark are DISMISSED from this case.

20100420

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