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Gibson v. Fleming, 2:16cv392. (2018)

Court: District Court, W.D. Pennsylvania Number: infdco20180606e72 Visitors: 25
Filed: Jun. 05, 2018
Latest Update: Jun. 05, 2018
Summary: ORDER OF COURT DAVID STEWART CERCONE , Senior District Judge . AND NOW, this 4th day of June, 2018, for the reasons set forth in the Opinion filed this date, IT IS ORDERED as follows: The Motion to Dismiss filed by Defendants be, and the same hereby is, granted in part and denied in part. Specifically, the motion be granted as to (i) all claims against the Defendants in their official capacities; (ii) all claims alleging a separate standalone claim that Defendants filed false misconduct r
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ORDER OF COURT

AND NOW, this 4th day of June, 2018, for the reasons set forth in the Opinion filed this date, IT IS ORDERED as follows:

The Motion to Dismiss filed by Defendants be, and the same hereby is, granted in part and denied in part. Specifically, the motion be granted as to (i) all claims against the Defendants in their official capacities; (ii) all claims alleging a separate standalone claim that Defendants filed false misconduct reports against Plaintiff; and (iii) all claims raised under the Fourteenth Amendment. The motion be denied as to Plaintiff's claims of retaliation, deliberate indifference to his serious medical needs, excessive force, failure to protect, and conspiracy.

The Magistrate Judge's April 30, 2018, Report and Recommendation (ECF No. 72) be, and the same hereby is, adopted as the opinion of the court.

Defendants shall file a responsive pleading in accordance with Fed.R.Civ.P. 12((a)(4)(A).

Source:  Leagle

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