VANN v. CITY OF PHILADELPHIA et al, No. 2:2020cv01433 - Document 21 (E.D. Pa. 2020)

Court Description: MEMORANDUM OPINION ORDER THAT DEFENDANT BOYLE'S MOTION TO DISMISS IS DENIED AS TO THE ASSAULT AND BATTERY CLAIM (COUNT I) AND GRANTED AS TO THE PA WHISTLEBLOWER CLAIM (COUNT III) WHICH IS DISMISSED WITH PREJUDICE. DEFENDANT CITY OF PHILADELPHIA& #039;S MOTION TO DISMISS THE PA WHISTLEBLOWER CLAIM (COUNT III) IS GRANTED WHICH CLAIM IS DISMISSED WITH PREJUDICE. UPON PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL, PLAINTIFF'S EXCESSIVE FORCE (COUNT I) AND FIRST AMENDMENT RETALIATION (COUNT II) CLAIMS AGAINST BOYLE IN HIS OFFICIAL CAPACITY AND AGAINST THE CITY OF PHILADELPHIA ARE DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 7/28/20. 7/28/20 ENTERED AND COPIES E-MAILED.(amas, )

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VANN v. CITY OF PHILADELPHIA et al Doc. 21 Case 2:20-cv-01433-WB Document 21 Filed 07/28/20 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LAVERNE VANN, CIVIL ACTION Plaintiff, v. CITY OF PHILADELPHIA d/b/a THE PHILADELPHIA POLICE DEPARTMENT; and ANTHONY BOYLE, Defendants. NO. 20-1433 ORDER AND NOW, this 28th day of July, 2020, upon consideration of Defendant Anthony Boyle’s Motion to Dismiss for Failure to State a Claim (ECF No. 9), Defendant City of Philadelphia’s Motion to Dismiss for Failure to State a Claim (ECF No. 10), and Plaintiff’s Omnibus Response in Opposition (ECF No. 11), IT IS ORDERED that Defendant Boyle’s Motion to Dismiss is DENIED as to the assault and battery claim (Count I) and GRANTED as to the Pennsylvania Whistleblower claim (Count III) which is DISMISSED WITH PREJUDICE. Defendant City of Philadelphia’s Motion to Dismiss the Pennsylvania Whistleblower claim (Count III) is GRANTED which claim is DISMISSED WITH PREJUDICE. IT IS FURTHERED ORDERED that upon Plaintiff’s notice of voluntary dismissal (ECF No. 11), Plaintiff’s excessive force (Count I) and First Amendment retaliation (Count II) claims against Boyle in his official capacity and against the City of Philadelphia are DISMISSED WITHOUT PREJUDICE. July 28, 2020 BY THE COURT: /s/Wendy Beetlestone, J. _______________________________ WENDY BEETLESTONE, J. Dockets.Justia.com

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