VELAZQUEZ v. CITY OF PHILADELPHIA et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NEFTALI VELAZQUEZ,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.
CIVIL ACTION
NO. 25-3720
ORDER
AND NOW, this 12th day of January, 2026, upon consideration of Neftali
Velazquez’s Amended Complaint (Dkt. No. 12), the Motion to Dismiss by Tracy Byard,
William Holmes, Thomas Gaul, Thorsten Lucke, William Sierra, John Verrecchio,
Robert Wilkins and James Clark (Dkt. No. 16) and Velazquez’s response (Dkt. No. 20),
it is ORDERED that the Motion is GRANTED in part and DENIED in part.
1. The fabrication of evidence, Brady, malicious prosecution, conspiracy
and supervisory liability claims under federal and state law against
Holmes, Clark and Wilkins are DISMISSED without prejudice; and
2. Velazquez may file a second amended complaint on or before Friday,
February 13, 2026, consistent with the accompanying Memorandum.
BY THE COURT:
/s/ Gerald J. Pappert
Gerald J. Pappert, J.
Case 2:25-cv-03720-GJP Document 27 Filed 01/12/26 Page 1 of 1