STOKES v. CITY OF PHILADELPHIA et al, No. 2:2022cv00338 - Document 28 (E.D. Pa. 2022)
Court Description: MEMORANDUM OPINION ORDER THAT THE MOTION TO DISMISS (DOC. NO. 15 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/31/22. 11/1/22 ENTERED AND COPIES E-MAILED.(amas)
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STOKES v. CITY OF PHILADELPHIA et al Doc. 28 Case 2:22-cv-00338-NIQA Document 28 Filed 10/31/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WILLIE STOKES Plaintiff v. CITY OF PHILADELPHIA, et al. Defendants : : : : : : : CIVIL ACTION NO. 22-0338 ORDER AND NOW, this 31st day of October 2022, upon consideration of Defendant Robert J. Marano’s (“Defendant”) motion to dismiss Plaintiff’s complaint, [ECF 15], Plaintiff Willie Stokes’ (“Stokes”) response in opposition, [ECF 20], Defendant’s reply, [ECF 22], and the allegations in the complaint, [ECF 1], and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. The motion to dismiss is GRANTED as to Stokes’ malicious prosecution claims filed pursuant to 42 U.S.C. § 1983 and Pennsylvania state law (Counts I and VII); 2. The motion to dismiss is GRANTED as to Stokes’ § 1983 claims for deprivation of liberty without due process and for civil rights conspiracy (Counts II and III), but only with respect to those claims related to Defendant’s alleged participation in the fabrication of evidence used in the perjury prosecution against Franklin Lee; and 3. The motion to dismiss is DENIED in all other respects. BY THE COURT: /s/ Nitza I. Quiñones Alejandro NITZA I. QUIÑONES ALEJANDRO Judge, United States District Court Dockets.Justia.com
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