Opinion
Civil Action 18-1443
08-07-2024
LAMONT MILLER, Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants.
ORDER
Gerald J. Pappert, J.
AND NOW, this 7th day of August, 2024, upon consideration of Plaintiff's Amended Complaint (ECF No. 22), Defendants' Motions to Dismiss (ECF Nos. 24, 25, and 26), Plaintiff's Responses (ECF No. 27, 28 and 29), and Defendant Otto's Reply (ECF No. 30), it is hereby ORDERED as follows:
1. Otto's motion (ECF No. 24) is GRANTED and all claims against him are DISMISSED with prejudice.
2. As to the Officer Defendants and City's motions (ECF Nos. 25, 26), Count I, to the extent it is based on claims for an unlawful search, false arrest and false imprisonment, is DISMISSED with prejudice. Count II is DISMISSED without prejudice to the extent it is based on a due process claim. However, the equal protection claim is DISMISSED with prejudice. Count IV, to the extent it is based on a conspiracy other than to commit malicious prosecution, is DISMISSED with prejudice.
3. The City's motion is DENIED as to Count V.
4. Counts VI (state law false imprisonment) and VIII (intentional infliction of emotional distress) are DISMISSED with prejudice.
5. Count IX is DISMISSED to the extent it seeks money damages and is based on claims already dismissed
Miller may file an amended complaint, consistent with the accompanying Memorandum, on or before August 23, 2024.