Opinion
Civil Action 21-2499
04-12-2022
WALTER OGROD v. CITY OF PHILADELPHIA, ET AL.
ORDER
John R. Padova, J.
AND NOW, this 12th day of April, 2022, upon consideration of Defendants Detective Martin Devlin and Detective Paul Worrell's “Motion to Dismiss Plaintiff's Complaint Under Fed.R.Civ.P. 12(b)(6)” (Docket No. 18), “Defendants the City of Philadelphia, Edward Rocks, Laurence Nodiff, and Joseph Washlick's Motion to Dismiss for Failure to State a Claim” (Docket No. 19), and all documents filed in connection with both Motions, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that the both Motions are GRANTED IN PART and DENIED IN PART as follows:
1. Count I is DISMISSED to the extent that it asserts a malicious prosecution claim grounded on the Fourteenth Amendment.
2. Counts II is DISMISSED to the extent that it asserts a Due Process claim grounded on Brady violations and/or a violation of Plaintiff Walter Ogrod's right to a constitutionally adequate investigation.
3. Counts V (Failure to Intervene), and VIII (supervisory liability claim against Defendant Washlick) are DISMISSED in their entirety.
4. Count IX is DISMISSED to the extent that it asserts Monell claims resting on underlying constitutional claims that have themselves been dismissed based on qualified immunity.
5. All remaining claims against Defendant Washlick are DISMISSED, and Washlick is DISMISSED as a Defendant in this action.
6. In all other respects, the Motions are DENIED.