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Dominique Gallashaw v. City of Philadelphia

March 9, 2011

DOMINIQUE GALLASHAW, PLAINTIFF,
v.
CITY OF PHILADELPHIA, DEFENDANT.



The opinion of the court was delivered by: Anita B. Brody, J.

MEMORANDUM

I.Introduction

Plaintiff Dominique Gallashaw ("Plaintiff" or "Gallashaw") brings suit against Defendant City of Philadelphia ("Defendant" or "City of Philadelphia" or "City") under 42 U.S.C. § 1983 and state law.*fn1 Jurisdiction is proper pursuant to 28 U.S.C. §§ 1331 and 1367. Defendant has filed a Motion for Summary Judgment. For the reasons set forth below, I will grant that Motion.

II.Background

A.Alleged Facts*fn2

Plaintiff Gallashaw is a Philadelphia resident. On September 8, 2007, at approximately 7:30 pm, she was waiting for a bus at 11th and Diamond Streets in Philadelphia when she encountered Police Officer James A. Miles ("Miles").

Plaintiff alleges that Miles slammed her on the ground, kicked her, hand-cuffed her, and arrested her without probable cause. Plaintiff also claims that Miles verbally assaulted her, and that she was subsequently unlawfully imprisoned and detained.

B.Procedural History

On September 4, 2009, Plaintiff filed a complaint against Miles and the City of Philadelphia. On September 24, 2009, Plaintiff effected service on both Defendants. On October 15, 2009, the City of Philadelphia answered the complaint. Miles never answered the complaint. On November 25, 2009, the Court notified counsel for the Plaintiff that failure to request default as to Miles by December 11, 2009 could result in dismissal for lack of prosecution. Plaintiff did not request default, and on January 27, 2010, the Court dismissed the case against Miles for lack of prosecution.

On May 12, 2010, Plaintiff and the City of Philadelphia attended a Rule 16 conference. On May 24, 2010, the Court issued a Scheduling Order, pursuant to which discovery was to be completed by August 13, 2010. Dispositive motions were due August 27, 2010.

On August 26, 2010, Defendant City of Philadelphia moved for summary judgment.

Plaintiff responded on September 13, 2010, and Defendant replied on September 14, 2010.

III.Legal Standard

Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a); see Kornegay v. Cottingham, 120 F.3d 392, 395 (3d Cir. 1997). A fact is "material" if the dispute "might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A factual dispute ...


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