Opinion
Civil Action 24-1167
10-10-2024
GREGORY WOMACK v. CITY OF PHILADELPHIA, et al.,
ORDER RE MOTIONS TO DISMISS
MICHAEL M. BAYLSON, U.S.D.J.
AND NOW, this 10th day of October 2024, upon consideration of Defendant Ruiz's Motion to Dismiss (ECF 11), Defendant Worrell's Motion to Dismiss (ECF 12), Defendants Gross, Tomaino, Walsh, and the City of Philadelphia's (the “City”) Motion to Dismiss (ECF 13), Plaintiff's responses thereto (ECF 16-17, 22), and Defendants' replies (ECF 20-21, 23), for the reasons stated in the foregoing memorandum, it is hereby ORDERED that Defendant Yvonne Ruiz's Motion (ECF 11) is GRANTED. All counts against Defendant Yvonne Ruiz are DISMISSED WITH PREJUDICE.
It is further ORDERED that the Motions of Defendant Paul Worrell (ECF 12) and Defendants Michael Gross, Anthony Tomaino, Joseph Walsh, and the City (ECF 13) are GRANTED IN PART.
1. The Motions of Defendant Paul Worrell (ECF 12) and Defendants Michael Gross, Anthony Tomaino, Joseph Walsh, and the City (ECF 13) are DENIED with respect to Count 1 of the Amended Complaint for deprivation of liberty without due process of law and denial of a fair trial under the Fourteenth Amendment.
2. The Motions of Defendant Paul Worrell (ECF 12) and Defendants Michael Gross, Anthony Tomaino, Joseph Walsh, and the City (ECF 13) are DENIED with respect to Count 2 of the Amended Complaint for violation of Plaintiff's right against self-incrimination in violation of the Fifth and Fourteenth Amendments.
3. The Motions of Defendant Paul Worrell (ECF 12) and Defendants Michael Gross, Anthony Tomaino, Joseph Walsh, and the City (ECF 13) are GRANTED with respect to Count 3 of the Amended Complaint for civil rights conspiracy, which is DISMISSED WITH PREJUDICE.
4. The Motions of Defendant Paul Worrell (ECF 12) and Defendants Michael Gross, Anthony Tomaino, Joseph Walsh, and the City (ECF 13) are GRANTED with respect to Count 4 of the Amended Complaint for failure to intervene, which is DISMISSED WITH PREJUDICE.
5. Defendants Michael Gross, Anthony Tomaino, Joseph Walsh, and the City's Motion (ECF 13) is DENIED with respect to Count 5 of the Amended Complaint for municipal liability. The municipal liability claim (Count 5) will proceed against the City of Philadelphia only.
It is further ORDERED that the subsequent Motions to Dismiss of Defendant Paul Worrell (ECF 28) and Defendants Gross, Tomaino, Walsh, and the City (ECF 29), are DENIED as moot.