Stokes v. City of Philadelphia

Full title: WILLIE STOKES Plaintiff v. CITY OF PHILADELPHIA, et al. Defendants

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

Date published: Aug 9, 2022

Civil Action 22-0338 (E.D. Pa. Aug. 9, 2022)

Opinion

Civil Action 22-0338

08-09-2022

WILLIE STOKES Plaintiff v. CITY OF PHILADELPHIA, et al. Defendants

NITZA I. QUINONES ALEJANDRO, JUDGE, UNITED STATES DISTRICT COURT.

ORDER

NITZA I. QUINONES ALEJANDRO, JUDGE, UNITED STATES DISTRICT COURT.

AND NOW, this 9^th day of August 2022, upon consideration of Defendant John DiDonato's (“Defendant”) motion to dismiss Plaintiff's complaint, [ECF 9], Plaintiff Willie Stokes' (“Stokes”) response in opposition, [ECF 13], Defendant's reply, [ECF 14], and the allegations in the complaint, [ECF 1], and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that:

1. The motion to dismiss is GRANTED as to Stokes' malicious prosecution claims filed pursuant to 42 U.S.C. § 1983 and Pennsylvania state law (Counts I and VII);

2. The motion to dismiss is GRANTED as to Stokes' § 1983 claims for deprivation of liberty without due process and for civil rights conspiracy (Counts II and III), but only with respect to those claims related to Defendant's alleged participation in the fabrication of evidence used in the perjury prosecution against Franklin Lee; and

3. The motion to dismiss is DENIED in all other respects.