Opinion
Civil Action 23-4077
09-23-2024
TROY COULSTON v. CITY OF PHILADELPHIA, et al.
ORDER RE: MOTION TO DISMISS
MICHAEL M. BAYLSON, J.
AND NOW, this 23rd day of September, 2024, upon consideration of Defendant David Desiderio's Motion to Dismiss Plaintiff's Second Amended Complaint (ECF 73), Plaintiff's response thereto (ECF 81), and Defendant Desiderio's reply (ECF 88), for the reasons stated in the foregoing memorandum, it is hereby ORDERED that the Motion is GRANTED IN PART.
The City of Philadelphia and officers Bentham, Harris, and Royds have also moved to dismiss the Complaint. This Order addresses only Defendant Desiderio's Motion.
1. The Motion is GRANTED with respect to Count 5 of the Second Amended Complaint for malicious prosecution in violation of the laws of the Commonwealth of Pennsylvania, which is DISMISSED with prejudice.
2. The Motion is DENIED with respect to Count 1 for fabrication of evidence in violation of the Fourteenth Amendment, Count 2 for malicious prosecution in violation of the Fourth and/or Fourteenth Amendments, and Count 3 for deliberate suppression of exculpatory evidence in violation of the Fourteenth Amendment.
BY THE COURT: