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Caldwell v. Nodiff

United States District Court, E.D. Pennsylvania

February 18, 2014

MARY CALDWELL, Plaintiff,
v.
CAPT. LAWRENCE NODIFF, LT. NICHOLAS BROWN, SGT. HENRY, TEN (10) JANE and JOHN DOES, and CITY OF PHILADELPHIA, Defendants.

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 18th day of February, 2014, upon consideration of Defendants Lawrence Nodiff, Nicholas Brown, Sgt. Henry and the City Philadelphia's Partial Motion to Dismiss (Document No. 9, filed May 23, 2013), Plaintiff's Response to Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Document No. 11, filed June 7, 2013), and Defendants Lawrence Nodiff, Nicholas Brown, Sgt. Henry and the City Philadelphia's Reply Brief in Support of Their Motion to Dismiss (Document No. 12, filed June 10, 2013), for the reasons set forth in the Memorandum dated February 12, 2013, IT IS ORDERED that Defendants Lawrence Nodiff, Nicholas Brown, Sgt. Henry and the City Philadelphia's Partial Motion to Dismiss is GRANTED IN PART AND DENIED IN PART as follows:

1. That part of defendant's Motion seeking dismissal of plaintiff's reasonable-accommodation claims in Counts One and Two is GRANTED and plaintiff's reasonable-accommodation claims in Counts One and Two are DISMISSED WITHOUT PREJUDICE to plaintiff's right to file a second amended complaint if she is able to exhaust her administrative remedies with respect to these claims;

2. That part of defendant's motion seeking dismissal of plaintiff's claims under 42 U.S.C. § 1983 against the City in Count Three is GRANTED and plaintiff's claims under 42 U.S.C. § 1983 against the City in Count Three are DISMISSED WITHOUT PREJUDICE to plaintiff's right to file, within twenty (20) days, a second amended complaint if warranted by the facts and applicable law;

3. That part of defendant's motion seeking dismissal of plaintiff's claims under 42 U.S.C. § 1983 against Sgt. Henry and Jane and/or John does in Count Three for failure to intervene is GRANTED and plaintiff's claims under 42 U.S.C. § 1983 against Sgt. Henry and Jane and/or John Does in Count Three for failure to intervene are DISMISSED WITH PREJUDICE.

4. Defendant's motion is DENIED in all other respects.

IT IS FURTHER ORDERED that a preliminary pretrial telephone conference will be scheduled in due course.


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