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William Harris, Jr., Angell Harris, Lorria Ruiz v. Derrick Jacobs

September 18, 2012

WILLIAM HARRIS, JR., ANGELL HARRIS, LORRIA RUIZ, PLAINTIFFS,
v.
DERRICK JACOBS, CITY OF PHILADELPHIA, DEFENDANTS.



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

ORDER

AND NOW, this 18thday of September, 2012, upon consideration of Defendants' Motion for Summary Judgment (Docket No. 11), Plaintiffs' Response in Opposition (Docket No. 14), Defendants' Reply (Docket No. 15), and Plaintiffs' Sur-Reply (Docket No. 19), it is hereby ORDERED as follows:

1. Defendants' Motion for Summary Judgment is DENIED as to Plaintiffs' malicious prosecution claim asserted against Detective Jacobs;

2. Defendants' Motion for Summary Judgment is GRANTED and JUDGMENT IS ENTERED in the City of Philadelphia's favor on the municipal liability claim asserted against it;

2. Plaintiffs' request for spoliation sanctions as a result of the loss and/or destruction of Detective Jacobs's investigation file is DENIED.

It is so ORDERED.

BY THE COURT:

Ronald L. Buckwalter

20120918

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