Carlos v. York County, 1:15-CV-1994. (2019)
Court: District Court, M.D. Pennsylvania
Number: infdco20191210f58
Visitors: 13
Filed: Dec. 09, 2019
Latest Update: Dec. 09, 2019
Summary: ORDER MALACHY E. MANNION , District Judge . In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT the Report and Recommendation of Judge Joseph F. Saporito, Jr. is adopted in part and not adopted in part, as follows: 1) Summary Judgment is GRANTED for all claims set forth in the Amended Complaint pursuant to the Eighth Amendment of the United States Constitution. Those claims are DISMISSED with prejudice, as to all defendants. 2) Summary Judgment is additional
Summary: ORDER MALACHY E. MANNION , District Judge . In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT the Report and Recommendation of Judge Joseph F. Saporito, Jr. is adopted in part and not adopted in part, as follows: 1) Summary Judgment is GRANTED for all claims set forth in the Amended Complaint pursuant to the Eighth Amendment of the United States Constitution. Those claims are DISMISSED with prejudice, as to all defendants. 2) Summary Judgment is additionall..
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ORDER
MALACHY E. MANNION, District Judge.
In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT the Report and Recommendation of Judge Joseph F. Saporito, Jr. is adopted in part and not adopted in part, as follows:
1) Summary Judgment is GRANTED for all claims set forth in the Amended Complaint pursuant to the Eighth Amendment of the United States Constitution. Those claims are DISMISSED with prejudice, as to all defendants.
2) Summary Judgment is additionally GRANTED on the remaining claims in Count I as to defendants Collins, Crist, Doll, Jackson, McNicholas, Nadeau, Neeper, Santos-Heredia, Snyder, Trig, Correctional Officer John Does 1-10 and Medical John Does 1-10. These claims are DISMISSED with prejudice.
3) Summary Judgment is DENIED in Count I as to defendants Rollings-Mazza, Gallagher and Leiphart.
4) York County's objection that it is not an appropriate defendant in this action is overruled. Judge Saporito's recommendation in this respect is adopted.
5) Summary Judgment is GRANTED as to defendants York County and PrimeCare in Count II. Those defendants are DISMISSED with prejudice from this count.
6) Summary Judgment is GRANTED in Count III as to defendants Snyder and Medical John Does 1-10. Those defendants are DISMISSED with prejudice.
7) Summary Judgment is DENIED in Count III as to defendants Gallagher and Leiphart.
8) Summary Judgment on plaintiff's punitive damages claim is DENIED, at the present time, as to defendants Gallagher, Leiphart and Rollings-Mazza.
Source: Leagle
