C.U. v. City of Philadelphia Dep't of Human Servs.

Full title: C.U. and A.R. v. CITY OF PHILADELPHIA DEPARTMENT OF HUMAN SERVICES, et al.

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

Date published: May 3, 2023

Civil Action 22-4950 (E.D. Pa. May. 3, 2023)

Opinion

Civil Action 22-4950

05-03-2023

C.U. and A.R. v. CITY OF PHILADELPHIA DEPARTMENT OF HUMAN SERVICES, et al.

Gerald Austin McHugh United States District Judge

ORDER

Gerald Austin McHugh United States District Judge

This 3^rd day of May, 2023, it is hereby ORDERED that the DHS Defendants' Motion to Dismiss (ECF 13) is GRANTED in part and DENIED in part, as follows. Plaintiff's Monell claim based on the theory that the City followed a constitutionally deficient policy is DISMISSED without prejudice. Plaintiffs are granted leave to amend within 20 days. In all other respects Defendants' Motion is DENIED.

It is further ORDERED that the DHS Defendants' Motion to Dismiss (ECF 18) the CHOP Defendants' crossclaim asserting contribution and indemnity is GRANTED, and the crossclaim is DISMISSED without prejudice. The CHOP Defendants are granted leave to amend within 20 days.