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JONES v. CITY OF PHILADELPHIA

890 A.2d 1188 (2006)

Thomas JONES v. CITY OF PHILADELPHIA, Police Commissioner John Timoney; Lieutenant Joseph Mullin; Police Officer Cedric Gaines; Police Officer Michael Livewell; Police Officer Dwayne Merrill; Police Officer James Klepesley; Police Officer Susan Clark; Police Officer Charles Marable; Police Officer Paul Langford; Police Officer Jose Perez; Police Officer Darryl Gregory Appeal of: City of Philadelphia.

Commonwealth Court of Pennsylvania.

Decided January 25, 2006.

Attorney(s) appearing for the Case

Craig Gottlieb, Philadelphia, for appellant, City of Philadelphia.

Federico C. Sayre, Santa Ana, CA, for appellee, Thomas Jones.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and SMITH-RIBNER, Judge, and FRIEDMAN, Judge, and LEADBETTER, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN JUBELIRER.

The City of Philadelphia (City) has filed an interlocutory appeal by permission from the order entered January 30, 2004, by the Court of Common Pleas of Philadelphia County, denying the City's Motion for Summary Judgment. Addressing a "constitutional issue of first impression" in a well-researched and thoughtful opinion, the trial court determined that Thomas Jones (Jones) was entitled to seek a civil remedy in money damages against...

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