EVA DIAZ FRANKIE DIAZ FRANKIE DIAZ JR v. THE CITY OF PHILADELPHIA (2023)

United States District Court, E.D. Pennsylvania.

EVA DIAZ and FRANKIE DIAZ as Administrators of the Estate of FRANKIE DIAZ, JR., Plaintiffs, v. THE CITY OF PHILADELPHIA, et al., Defendants.

CIVIL ACTION NO. 22-3286

Decided: April 20, 2023

ORDER

AND NOW, this 20th day of April, 2023, after considering Plaintiffs' Amended Complaint [ECF No. 18], Defendants' Motion to Dismiss [ECF No. 20], Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss [ECF No. 24], and after a hearing on the record, it is hereby ORDERED that Defendants' Motion to Dismiss is GRANTED. Count I of Plaintiffs' Amended Complaint is DISMISSED as to Defendants Carney and LaCombe, and Count II of Plaintiffs' Amended Complaint is DISMISSED in full.

Count I shall proceed against Individual Defendants Nicole Taylor, Denise Wood, Wanda Britford, and John Doe Corrections Officers 4 through 10, as in the normal course of business. A Notice of Initial Pretrial Conference shall issue.

AND IT IS SO ORDERED.

EDUARDO C. ROBRENO, J.

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