Jayson Powell v. Paul Decarlo

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 31stday of July, 2012, upon consideration of Defendants' Motion to Dismiss Counts II, V, X and XIII as well as all claims against the Philadelphia Police Department pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim, Plaintiff's response thereto, and for the reasons stated in the Court's Memorandum dated July 31, 2012, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part, as follows:

1. The motion is GRANTED with respect to Count II (Title VI) and XIII (Defamation). Count II and Count XIII are DISMISSED with prejudice.

2. The motion is GRANTED with respect to all claims against the Philadelphia Police Department. All claims against Philadelphia Police Department are DISMISSED with prejudice.

3. The motion is DENIED with respect to Counts V (False Arrest Under Federal Law) and X (False Imprisonment).

BY THE COURT:

20120731