MEMORANDUM
ROBERT F. KELLY, Senior District Judge.
Presently before the Court is Plaintiff, Albert A. Kubiak's ("Kubiak"), Motion for Partial Summary Judgment against Defendant, Philadelphia Police Officer Stacey Harris ("Officer Harris"). For the reasons stated below, we will deny the Motion.
I. BACKGROUND
On October 9, 2011, Kubiak filed a Complaint and, on January 24, 2013, an Amended Complaint against Defendants, Philadelphia...
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