Opinion
Civil Action 14-593
03-22-2024
BRITTNEY MILLS, Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants.
ORDER
CHAD F. KENNEY, JUDGE
AND NOW, this 22nd day of March 2024, upon consideration of Defendant City of Philadelphia's (the “City”) Motion to Preclude the Testimony and Report of Plaintiff's Expert Shaun T. Santos (ECF No. 70), Plaintiff's Response (ECF No. 76), the City's Reply (ECF No. 87), as well as the City's Motion for Summary Judgment (ECF No. 68), Plaintiff's Opposition (ECF No. 95), and Defendant's Reply (ECF No. 100), it is hereby ORDERED that:
1. The City's Motion to Preclude (ECF No. 70) is DENIED in part and GRANTED in part. It is DENIED as to Santos's proffered testimony and opinions relating to the inadequacy of internal affairs investigations and the City's protection of the NFU contained within paragraphs 334-94 of his report. However, it is GRANTED as to the rest.
2. The City's Motion for Summary Judgment (ECF No. 68) is GRANTED in part and DENIED in part. It is GRANTED as to Plaintiff's negligent hiring, retention, and supervision claim (Count XV), as well as to the failure to train theory under Plaintiff's municipal liability claim (Count XIV). It is DENIED as to the rest.