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CARTER v. CITY OF PHILADELPHIA

Civil Action No. 97-CV-4499.

4 F.Supp.2d 386 (1998)

Raymond CARTER, Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants.

United States District Court, E.D. Pennsylvania.

April 20, 1998.

Attorney(s) appearing for the Case

Richard W. Berlinger, Robert W. Small, Berlinger & Small, Abington, PA, Susan F. Burt, Frank Finch, III, Phila, PA, for Raymond Carter.

Shelley R. Smith, Asst. City Solicitor, City of Phila. Law Dept., Phila, PA, for City of Philadelphia, Thomas Ryan, John Doe, Wayne Settle, Michael Duffy.

Eric B. Henson, Hoyle, Morris & Kerr, Phila, PA, Shelley R. Smith, Asst. City Solicitor, City of Phila Law Dept., Phila, PA, for Lynne Abraham.

Eric B. Henson, Hoyle, Morris & Kerr, Phila, PA, for Richard Roe.

MEMORANDUM OPINION

Kauffman, District Judge.

The Philadelphia District Attorney's Office has moved pursuant to Rule 12(b)(6) to dismiss all Counts of the Amended Complaint brought against defendant Richard Roe ("Roe").1 Roe was named by plaintiff Raymond Carter ("Carter") both in his official and individual capacities. For the reasons set forth below, this Court finds that the official capacity claims against Roe are barred...

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