Goldwire v. City of Philadelphia

MEMORANDUM

DALZELL, District Judge.

I. Introduction

We consider here two motions to dismiss filed by Rosa Ricardo, Daniel Murawski, and the City of Philadelphia. Plaintiff Kelly Goldwire brings this action pursuant to 42 U.S.C. § 1983. We have jurisdiction under 28 U.S.C. § 1331.

II. Standard of Review

As is by now well-rehearsed, a defendant moving to dismiss under Fed. R. Civ. P. 12(b)(6) bears the burden of proving that the plaintiff has failed to state a claim for relief. See Fed. R. Civ. P. 12(b)(6); see also, e.g., Hedges v. United States, 404 F.3d 744, 750 (3d Cir.2005). To survive a Rule…