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McDonald-Witherspoon v. City of Philadelphia

United States District Court, E.D. Pennsylvania

August 25, 2017

MICHELLE MCDONALD-WITHERSPOON, Individually and as Administratrix of the ESTATE OF KENYADA JONES
v.
CITY OF PHILADELPHIA, et al.

          ORDER

          THOMAS N. O'NEILL, JR., J.

         Upon consideration of defendant MHM Services, Inc.'s partial motion to dismiss plaintiffs complaint, Dkt. No. 13, the response of plaintiff Michelle McDonald-Witherspoon, individually and as administratrix of the estate of Kenyada Jones, Dkt. No. 21, and consistent with the accompanying memorandum of law, it is ORDERED that the motion is GRANTED with respect to plaintiffs claims against MHM as follows:

1. Plaintiffs claim under 28 U.S.C. § 1983 for violation of Jones's constitutional rights is DISMISSED with leave to amend;
2. Plaintiffs claim under 28 U.S.C. § 1983 for violation of her own constitutional rights is DISMISSED with leave to amend;
3. Plaintiffs claims under Title II and Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12165 & 12181-12189, are DISMISSED;
4. Plaintiffs claim under § 504 of the Rehabilitation Act, 29 U.S.C. § 794, is DISMISSED with leave to amend;
5. Plaintiffs claim under Article I of the Pennsylvania Constitution is DISMISSED;
6. Plaintiffs state law claim for negligent infliction of emotional distress is DISMISSED;
7. Plaintiffs state law claim for intentional infliction of emotional distress is DISMISSED with leave to amend;
8. Plaintiffs state law claims for false arrest, false imprisonment, malicious prosecution and abuse of process are DISMISSED; and
9. Plaintiffs claim under the Pennsylvania Human Relations Act (PHRA), 43 Pa. Stat. Ann. § 951 et seq., is DISMISSED.

         Upon consideration of the motion to dismiss by defendants City of Philadelphia, Amber E. Browne and Jeanette Palmer, Dkt. No. 14, and plaintiffs response, Dkt. No. 22, and consistent with the accompanying memorandum of law, it is ORDERED that the motion is GRANTED FN PART and DENIED IN PART. With respect to plaintiffs claim against the City of Philadelphia under 28 U.S.C. § 1983 for violation of Jones's constitutional rights, the motion is DENIED. In all other respects, the motion is GRANTED as follows:

         1. With respect to plaintiff s claims against the City of Philadelphia:

a. Plaintiffs claim under 28 U.S.C. ยง 1983 for violation of her own constitutional rights is DISMISSED ...

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