CHILDS v. MCCARTHY et al
Plaintiff: STEPHEN E CHILDS
Defendant: DETECTIVE BRIAN MCCARTHY and CITY OF PHILADELPHIA
Case Number: 2:2026cv01310
Filed: February 27, 2026
Court: U.S. District Court for the Eastern District of Pennsylvania
Presiding Judge: GERALD A MCHUGH
Nature of Suit: Prisoner Petitions: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 3, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2026 Filing 23 PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS by STEPHEN E CHILDS. (Attachments: #1 COVER PAGE) (rf)
July 28, 2026 Filing 22 NOTICE by CITY OF PHILADELPHIA, BRIAN MCCARTHY re #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit 1 - March 24 2021 Custody Order, #2 Exhibit 2 - October 24 2024 Custody Order, #3 Errata 3 - Affidavit of Probable Cause)(WEST, SOPHIE)
July 28, 2026 Filing 21 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY OF PHILADELPHIA, BRIAN MCCARTHY.Memorandum with Certificate of Service. (Attachments: #1 Exhibit 1 - March 24 2021 Custody Order, #2 Exhibit October 24 2024 Custody Order, #3 Exhibit 3 - Affidavit of Probable Cause)(WEST, SOPHIE) (Main Document 21 replaced on 7/28/2026) (afm). (Attachment 1 replaced on 7/28/2026) (afm). (Attachment 2 replaced on 7/28/2026) (afm). (Attachment 3 replaced on 7/28/2026) (afm).
July 17, 2026 Opinion or Order Filing 20 ORDER THAT DEFENDANT CITY OF PHILADELPHIA AND DET. BRIAN MCCARTHY MOTION #19 IS GRANTED. DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFF'S COMPLAINT IS EXTENDED UNTIL 7/29/26; ETC.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 7/17/26.7/17/26 ENTERED AND E-MAILED.(JL)
July 16, 2026 Filing 19 MOTION for Extension of Time to File Answer filed by CITY OF PHILADELPHIA, BRIAN MCCARTHY.Certificate of Service.(WEST, SOPHIE)
July 8, 2026 Filing 18 PLAINTIFFS RENEWED MOTION FOR PRELIMINARY INJUNCTION filed by STEPHEN E CHILDS.. (Attachments: #1 COVER PAGE)(rf)
July 6, 2026 Filing 17 AFFIDAVIT of Service by SEKIA BROWN re: served SUMMONS AND COMPLAINT upon DETECTIVE BRIAN MCCARTHY by PERSONAL SERVICE on 7/2/26 (Attachments: #1 COVER PAGE)(rf)
July 6, 2026 Filing 16 AFFIDAVIT of Service by EVERETT JENKINS re: served SUMMONS AND COMPLAINT upon CITY OF PHILADELPHIA by PERSONAL SERVICE on 7/1/26 (Attachments: #1 COVER PAGE)(rf)
July 1, 2026 Opinion or Order Filing 15 ORDER THAT PLAINTIFF HAS SATISFIED THIS COURTS RULE TO SHOW CAUSE BY SHOWING DUE DILIGENCE IN PROSECUTION OF THIS ACTION.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 7/1/26. 7/1/26 ENTERED AND COPIES E-MAILED.(rf)
June 29, 2026 Filing 14 PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE by STEPHEN E CHILDS. (Attachments: #1 COVER PAGE) (rf)
June 29, 2026 Filing 13 NOTICE OF ADDRESS DISCREPANCY AND REQUEST FOR CORRECTION OF COURT RECORDS by STEPHEN E CHILDS (Attachments: #1 COVER PAGE)(rf)
June 26, 2026 Opinion or Order Filing 12 ORDERED THAT PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION, ECF 2, IS DENIED AS MOOT BY VIRTUE OF PLAINTIFF HAVING FILED AN AMENDED MOTION. IT IS FURTHER ORDERED THAT PLAINTIFFS AMENDED MOTION, ECF 8, IS DENIED WITHOUT PREJUDICE TO RESUBMISSION BY VIRTUE OF PLAINTIFFS FAILURE TO ACCOMPLISH SERVICE ON THE DEFENDANTS. WITH MORE THAN 90 DAYS HAVING ELAPSED SINCE FILING OF THIS ACTION WITHOUT SERVICE, PLAINTIFF IS ORDERED TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 6/26/26.6/26/26 ENTERED AND COPIES E-MAILED.(rf)
June 5, 2026 Filing 11 Copy of Order/Notice dated 5/20/2026 (Document # 10) and envelope returned from the U.S. Postal Service addressed to STEPHEN E. CHILDS for the following reason: NOT DELIVERABLE AS ADDRESSED; UNABLE TO FORWARD. (UPDATED ADDRESS AND EMAIL AND RE-GENERATED DOC. NO. #10 TO BE EMAILED TO PLAINTIFF. (ahf)
May 21, 2026 PAPER #10 MAILED TO PRO SE (JL)
May 20, 2026 Opinion or Order Filing 10 ORDER THAT PLAINTIFFS REQUEST TO PROCEED BY ALTERNATIVE SERVICE IS DENIED. PLAINTIFF HAS IDENTIFIEDNO OBSTACLE TO SERVICE OF THE CITY OF PHILADELPHIA, AND THE LACK OF A RESIDENTIAL ADDRESSIS NOT A BARRIER TO SERVICE OF DEFENDANT MCCARTHY AT HIS ASSIGNED POST, WHICH AS OFFEBRUARY 2026, WAS SOUTH DETECTIVES.2)PLAINTIFFS REQUEST FOR AN EXTENSION OF 60 DAYS WITHIN WHICH TO ACCOMPLISH SERVICE IS GRANTED.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 5/20/26. 5/20/26 ENTERED AND COPIES NOT MAILED TO PRO SE. (rf)
May 19, 2026 Filing 9 MOTION FOR ALTERNATIVE SERVICE ON DEFENDANT DETECTIVE BRIAN MCCARTHY AND FOR EXTENSION OF TIME TO SERVE filed by STEPHEN E CHILDS.. (Attachments: #1 COVER PAGE)(rf)
March 12, 2026 Filing 8 AMENDED MOTION FOR PRELIMINARY MOTION AND MEMORANDUM OF LAW IN SUPPORT filed by STEPHEN E CHILDS..(rf)
March 12, 2026 Filing 7 NOTICE REGARDING DOCKETING OF EXHIBITS by STEPHEN E CHILDS (rf)
March 3, 2026 Filing 6 Summons Issued as to CITY OF PHILADELPHIA, BRIAN MCCARTHY. (rf) *TO BE MAILED TO PRO SE BY CLERKS OFFICE*
March 3, 2026 COPY OF DOC. NOS. #3 , #4 , #6 AND E-CONSENT FORM MAILED TO PRO SE PLAINTIFF ON 3/3/2026. (tjd)
March 2, 2026 Filing 5 Filing fee: $ 405.00, receipt number 20035714 (ems)
March 2, 2026 Filing 4 Notice re: Availability of Court-Annexed Mediation *TO BE MAILED TO PRO SE* (rf)
March 2, 2026 Filing 3 PRO SE NOTICE RE:GUIDELINES *TO BE MAILED BY CLERKS OFFICE* (Attachments: #1 E CONSENT)(rf)
February 27, 2026 Filing 2 MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM OF LAW IN SUPPORT filed by STEPHEN E CHILDS..(rf)
February 27, 2026 Filing 1 COMPLAINT against CITY OF PHILADELPHIA, BRIAN MCCARTHY, filed by STEPHEN E CHILDS. *NO FEE PAID. NO IFP* (Attachments: #1 Exhibit)(rf)

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Plaintiff: STEPHEN E CHILDS
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Defendant: DETECTIVE BRIAN MCCARTHY
Represented By: SOPHIE WEST
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Defendant: CITY OF PHILADELPHIA
Represented By: SOPHIE WEST
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