IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 23, 2012
LATRICE MILBOURNE, PLAINTIFF,
RONALD BAKER, BADGE # 6446; JUSTIN MONTGOMERY, BADGE # 9236; CITY OF PHILADELPHIA POLICE DEPARTMENT; CITY OF PHILADELPHIA; ALBERT G. HITE, DEFENDANTS.
The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 23rd day of May, 2012, upon consideration of Plaintiff's Motion for Summary Judgment (Document No. 14, filed January 12, 2012), Defendants' Motion for Partial Summary Judgment (Document No. 16, filed January 13, 2012), Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Summary Judgment (Document No. 17, filed February 3, 2012), and Plaintiff's Response to Defendants' Motion for Summary Judgment (Document No. 18, filed February 10, 2012), for the reasons set forth in the Memorandum dated May 23, 2012, IT IS ORDERED as follows:
1. Defendants' Motion for Partial Summary Judgment is GRANTED with respect to:
a. All Claims against the City of Philadelphia Police Department;
b. All claims against the City of Philadelphia;
c. Count II, a claim under 42 U.S.C. § 1983 for illegal seizure against Detective Montgomery; and
d. That part of Count IV that asserts a claim under § 1983 for malicious prosecution against Detective Montgomery.
2. Defendants' Motion for Partial Summary Judgment is DENIED in all other respects.
3. Plaintiff's Motion for Summary Judgment is DENIED.
IT IS FURTHER ORDERED that, by reason of the forgoing, the caption of the case is amended to read as follows:
RONALD BAKER, BADGE # 6446; JUSTIN
MONTGOMERY, BADGE # 9236; and ALBERT G. HITE,
CIVIL ACTION NO. 11-cv-1866-JD
IT IS FURTHER ORDERED a scheduling conference will be convened in due course.
BY THE COURT:
Hon. Jan E. DuBois___
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