Andrews v. Knight

Full title: GERALD ANDREWS Plaintiff, v. KNIGHT, Philadelphia Corrections Officer…

Court: United States District Court, E.D. Pennsylvania

Date published: Nov 9, 2022

Civil Action 17-0962 (E.D. Pa. Nov. 9, 2022)

Opinion

Civil Action 17-0962

11-09-2022

GERALD ANDREWS Plaintiff, v. KNIGHT, Philadelphia Corrections Officer Sergeant, individually and in his official capacity; FREDRICKS, Philadelphia Corrections Officer, individually and in his official capacity; SEAGRAVES, Philadelphia Correction Officer, individually and in his official capacity; HOBER, Philadelphia Corrections Officer, individually and in his official capacity; YOUNG, Philadelphia Correction Officer, individually and in his official capacity; WALKER, Philadelphia Correction Officer, individually and in his official capacity; CITY OF PHILADELPHIA; CAPT. RAHMAN; CO1 BLAIR; CAPT. LOVE; CAPT. GRAY; CO1 JEFFERSON; CO1 DOTSON; MAJOR MARTIN; CO1 MULVENNA; MAJOR MAY; CO1 BUTLER; LOUIS GIORLA; and, CAPT. JOHNSON Defendants.

C. Darnell Jones, II J.

ORDER

C. Darnell Jones, II J.

AND NOW, this 7^th day of November 2022, upon consideration of: Defendants Love, City of Philadelphia, Dotson, Giorla, Knight and Martin's Motion for Partial Summary Judgment (ECF No. 91); Plaintiff's Opposition thereto (ECF No. 96); and, Defendants' Reply (ECF No. 98), it is hereby ORDERED as follows:

(1) Defendants' Motion is GRANTED as to Count I of Plaintiff's Second Amended Complaint with respect to individual Defendants Giorla, Dotson, Martin and Love;

(2) Defendants' Motion is GRANTED as to Count II against Defendants Giorla and Dotson but DENIED as to Defendants Knight, Martin and Love;

(3) Defendants' Motion is GRANTED as to Counts III and IV as to all Defendants;

(4) Defendants City and Giorla's Motion is DENIED as to Count V;

(5) The parties shall contact Magistrate Judge Lynne A. Sitarski to schedule a settlement conference to be held within forty-five (45) days of the date of this Order;¹ and,

(6) Within two (2) weeks of the settlement conference, the parties shall provide this Court with a jointly prepared written status report.

1 Said report shall inform the court as to whether the parties would be amenable to continuing their settlement efforts with Judge Sitarski or participating in the Court-Annexed Mediation Program at no cost to either side. A list of approved mediators participating in the Program may be found at: http://www.paed.uscourts.gov/documents2/mediation.