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Nasheen anderson v. City of Philadelphia

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


August 8, 2012

NASHEEN ANDERSON, PLAINTIFF,
v.
CITY OF PHILADELPHIA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 8thday of August, 2012, upon consideration of Defendants'*fn1 Motion for Summary Judgment (Docket No. 6), and Plaintiff's Response in Opposition (Docket No. 7), it is hereby ORDERED that Defendants' Motion is GRANTED IN PART and DENIED IN PART as follows:

1. Given Plaintiff's express withdrawal in his Response in Opposition of all claims against Officers Lugo and Dougherty, as well as his withdrawal of his assault and battery and excessive force claims against Officer Fuentez, Defendants' Motion is GRANTED and JUDGMENT IS ENTERED in favor of Officers Lugo and Dougherty on all claims asserted against them and in favor of Officer Fuentez on the assault and battery and excessive force claims asserted against him;

2. The remainder of Defendants' Motion is DENIED in its entirety.

It is so ORDERED.

BY THE COURT:

Ronald L. Buckwalter

On July 9, 2012, the parties entered into a stipulation-which the Court signed and approved-that all counts against the City of Philadelphia and Officers Dougherty and Lugo would be dropped and that these parties would be dismissed as defendants from suit.

Moreover, Defendants' instant Motion for Summary Judgment does not include either Officer Hoover or Officer Hazzard as one of the moving officers. As such, the Court will presume that Defendants do not seek summary judgment on Plaintiff's claims as applied to either of these officers, and all claims against them shall therefore proceed to trial.


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