Opinion
Civil Action 24-1393
08-01-2024
MARCEL BODDIE, Plaintiff v. HENNY'S SPORTS BAR, et al., Defendants
ORDER
NITZA I. QUINONES ALEJANDRO JUDGE
AND NOW, this 1st day of August 2024, upon consideration of the motion to dismiss for failure to state a claim filed by Defendants City of Philadelphia, Erica Atwood, and Shondell Revell's, (collectively, “City Defendants”), (EFC 20), and the response in opposition filed by Plaintiff, (ECF 21), it is hereby ORDERED, for the reasons set forth in the accompanying Memorandum Opinion, that:
1. The motion to dismiss claims of state-created danger asserted against City Defendants at Count I is GRANTED and, therefore, such claims are DISMISSED against City Defendants.
2. The motion to dismiss Count II, as it pertains to Defendants Erica Atwood and Shondell Revell, in their official capacities, is GRANTED and, therefore, all claims asserted against Defendants Erica Atwood and Shondell Revell in their official capacities, are DISMISSED.
3. The motion to dismiss the Monell claim at Count II as it pertains to Defendant City of Philadelphia is DENIED.
4. The motion to dismiss Count IV is GRANTED and, therefore, all claims of negligence asserted against City Defendants are DISMISSED.