Jones v. City of Philadelphia

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully disagree with the decision of the Majority to reverse the order of the Philadelphia County Court of Common Pleas, which in an exhaustive review of relevant and persuasive case law denied the motion filed by the City of Philadelphia (Appellant) requesting entry of summary judgment in Thomas Jones’ (Appellee) civil action. Appellee avers a cause of action for money damages against the City, and other named defendants, pursuant to Article I, Section 8 of the Pennsylvania Constitution 1 arising out of injuries he sustained when police used…