FULLMAN v. CITY OF PHILADELPHIA et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDREW FULLMAN,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.
CIVIL ACTION
NO. 24-CV-969
ORDER
AND NOW, this 8th day of January 2026, upon consideration of Defendant City of
Philadelphia’s Motion to Dismiss (ECF No. 143), Plaintiff Andrew Fullman’s Response in
Opposition (ECF Nos. 153 & 154) it is HEREBY ORDERED that said Motion is GRANTED
IN PART and DENIED IN PART:
1. 	Defendants’ Motion is GRANTED with respect to:
a. 	All claims against Officer Johnnie Mae Carter, which are DISMISSED WITH
PREJUDICE.
b. 	All claims under Section 1983 against Assistant District Attorney (ADA) Barbara
McDermott related to her alleged failure to disclose exculpatory evidence and use
of false or perjured testimony, which are DISMISSED WITH PREJUDICE.
c. 	Fullman’s malicious prosecution claim under the Fourth Amendment against
Officer William Dorney, which is DISMISSED WITH PREJUDICE.
d. 	Fullman’s Monell claim against the City of Philadelphia regarding municipal
policies and customs, which is DISMISSED WITH PREJUDICE.
e. 	Fullman’s state law claims for negligent supervision, respondeat superior
liability, intentional infliction of emotional distress, and negligent infliction of
emotional distress against the City of Philadelphia, which are DISMISSED
WITH PREJUDICE.
f. 	Fullman’s negligent infliction of emotional distress claims against Officer Dorney
and ADA McDermott are DISMISSED WITHOUT PREJUDICE.
2. 	Defendants’ Motion is DENIED with respect to:
a. 	All Section 1983 and state law claims against Officer David Morrell.
b. 	Fullman’s intentional infliction of emotional distress claims against Officer
Dorney and ADA McDermott.
Case 2:24-cv-00969-WB Document 162 Filed 01/08/26 Page 1 of 2

BY THE COURT:
S/ WENDY BEETLESTONE
_______________________________
WENDY BEETLESTONE, C.J.
Case 2:24-cv-00969-WB Document 162 Filed 01/08/26 Page 2 of 2