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Khalif Wardlaw v. City of Philadelphia

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


March 21, 2011

KHALIF WARDLAW, PLAINTIFF,
v.
CITY OF PHILADELPHIA, LIEUTENANT STEVEN ARCH, INDIVIDUALLY AND : IN HIS OFFICIAL CAPACITY, AND; JOHN/JANE DOES # 1--100, DEFENDANTS.

The opinion of the court was delivered by: Hon. Cynthia M. Rufe

ORDER AND NOW, this 21st day of March, 2011, upon consideration of Defendants' Motion to Dismiss the Second Amended Complaint [Doc. No. 18], it is hereby ORDERED that Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Count IV of Plaintiff's complaint is DISMISSED , as are Count II's § 1983 claims for Fourteenth Amendment violations. Counts I and III remain; Count II's § 1983 claims for First Amendment violations also remain, for the reasons set forth in the attached Memorandum option.

The Clerk is DIRECTED to mark the docket in this matter as terminating Lt. Arch in his Official Capacity.

It is so ORDERED .

BY THE COURT:

Cynthia M. Rufe

20110321

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