Opinion
Civil Action 23-cv-4409
04-11-2024
DEMETRIUS STURGIS, Plaintiff, v. CITY OF PHILAELPHIA, et al., Defendants.
ORDER
CHAD F. KENNEY, JUDGE
AND NOW, this 11th day of April 2024, upon consideration of the Motion to Dismiss (ECF No. 24) and Plaintiff's Response (ECF No. 25), it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part. The Motion is GRANTED as detailed below:
1. All Counts against the City of Philadelphia, Sergeant Qadirah Thomas, and Sergeant Anthony Black are dismissed without prejudice. The Clerk of Court is instructed to dismiss the City of Philadelphia, Sergeant Qadirah Thomas, and Sergeant Anthony Black from this case.
2. Plaintiff's negligent infliction of emotional distress claim, as pled in Count V, is dismissed without prejudice.
3. Counts VI, VII, VIII, and X are dismissed without prejudice. The Motion is DENIED as to the rest. Accordingly, Moving Defendants must file an Answer to the Amended Complaint by Thursday, May 2, 2024 .
BY THE COURT: