United States District Court, E.D. Pennsylvania
July 30, 2015
POLICE OFFICER CHRISTOPHER SZEWCZAK, and CITY OF PHILADELPHIA
STEWART DALZELL, J.
AND NOW, this 30th day of July, 2015, upon consideration of plaintiff Eric Kingsmill’s amended complaint (docket entry #2), defendant Police Officer Christopher Szewczak and the City of Philadelphia’s motion to dismiss (docket entry #5), and Kingsmill’s response in opposition thereto, and for the reasons set forth in our Memorandum issued this day on this case, it is hereby ORDERED that:
1. Defendants’ motion to dismiss (docket entry #5) is GRANTED IN PART;
2. Count II of the amended complaint (docket entry #2) is DISMISSED WITHOUT PREJUDICE; and
3. Defendants shall ANSWER the amended complaint by noon on August 12, 2015.