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Whaumbush v. City of Philadelphia

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


October 14, 2010

JACQUE WHAUMBUSH, ET AL., PLAINTIFFS,
v.
THE CITY OF PHILADELPHIA, ET AL., DEFENDANTS.

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

ORDER

AND NOW, this 14th day of October, 2010, upon consideration of Defendants the City of Philadelphia, John Green, Leon King, II, and Louis Giorla's Motion to Dismiss Plaintiffs' First Amended Complaint (Docket No. 12) and the Response of Plaintiffs Jacque Whaumbush and Detention Management Services (Docket No. 14), it is hereby ORDERED as follows:

1. Defendants' Motion to Dismiss (Docket No. 12) is GRANTED IN PART and DENIED IN PART as follows:

a. Defendants' Motion to Dismiss the Breach of Contract claim (Count I) is GRANTED;

b. Defendants' Motion to Dismiss the Tortious Interference claim (Count II) is GRANTED as to Defendants the City of Philadelphia, Giorla, and Defendants Green and King in their official capacities, but DENIED as to Defendants Green and King in their individual capacities;

c. Defendants' Motion to Dismiss the 42 U.S.C. § 1983 claim (Count III) is GRANTED as to all claims against Defendants the City of Philadelphia, Giorla, and Defendants Green and King in their official capacities, and as to all Defendants to the extent the claim alleges deprivations of Fourth Amendment, Fifth Amendment, and Fourteenth Amendment procedural due process rights, but DENIED as to Defendants Green and King in their individual capacities to the extent the claim alleges deprivations of First Amendment and Fourteenth Amendment substantive due process rights;

d. Defendants' Motion to Dismiss the 42 U.S.C. § 1981 claim (Count IV) is GRANTED only as to Defendants the City of Philadelphia, Giorla, and Defendants Green and King in their official capacities, but DENIED as to Defendants Green and King in their individual capacities;

e. Defendants' Motion to Dismiss the 42 U.S.C. § 1985 claim (Count V) is GRANTED only as to Defendants the City of Philadelphia, Giorla, and Defendants Green and King in their official capacities, but DENIED as to Defendants Green and King in their individual capacities.

It is so ORDERED.

20101014

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