IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 16, 2012
PETER MOMOT, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF MARK MOMOT, PLAINTIFF,
CITY OF PHILADELPHIA, POLICE COMMISSIONER CHARLES RAMSEY, THE PHILADELPHIA POLICE DEPARTMENT, AND PHILADELPHIA POLICE OFFICERS JOHN/JANE DOE 1-5, DEFENDANTS.
The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 16th day of May, 2012, upon consideration of Defendant City of Philadelphia's Motion to Dismiss Counts III, IV and V and All Claims Against Commissioner Ramsey Pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim*fn1
(Document No. 3, filed January 24, 2012), and plaintiff's Brief in Opposition to Defendant City of Philadelphia's Motion to Dismiss Counts III, IV, and V Pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim (Document No. 4, filed February 15, 2012), for the reasons set forth in the Memorandum dated May 16, 2012, IT IS ORDERED that defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows:
1. Defendants' Motion to Dismiss is GRANTED as to Counts III, IV, and V; those Counts are DISMISSED as follows:
a. Count III is DISMISSED WITH PREJUDICE.
b. Counts IV and V DISMISSED WITHOUT PREJUDICE to plaintiff's right to amend the Complaint if warranted by the facts. Any amended complaint shall be filed and served on or before May 30, 2012. One (1) copy of any amended complaint shall be served on the Court (Chambers, Room 12613) when the original is filed.
2. Defendants' Motion to Dismiss is GRANTED as to all claims against the City of Philadelphia Police Department and all claims for punitive damages against the City of Philadelphia.
3. Defendants' Motion to Dismiss is DENIED in all other respects.
IT IS FURTHER ORDERED that Count II of plaintiff's Complaint is DISMISSED WITH PREJUDICE.
BY THE COURT:
Hon. Jan E. DuBois