United States District Court, E.D. Pennsylvania
March 5, 2014
FRANK HYMAN Plaintiff,
COMMISSIONER LOUIS GIORLA, et. al. Defendants.
LAWRENCE F. STENGEL, District Judge.
AND NOW, this 5th day of March 2014, upon consideration of defendants' motion for summary judgment (doc. no. 53) and plaintiff's response (doc. no. 54) thereto, IT IS HEREBY ORDERED:
1. Defendants' motion for summary judgment is GRANTED as to COUNT II of plaintiff's complaint;
2. Defendants' claims against the individual defendants in their official capacities are DISMISSED;
3. Defendants' motion is otherwise DENIED;
4. Count I of plaintiff's complaint shall proceed to trial against the City of Philadelphia and the individual defendants in their individual capacities.