WILLIAMS v. RIDER, 1:12-cv-1566. (2014)
Court: District Court, M.D. Pennsylvania
Number: infdco20140808e49
Visitors: 7
Filed: Aug. 07, 2014
Latest Update: Aug. 07, 2014
Summary: ORDER YVETTE KANE, District Judge. AND NOW, on this 7th day of August 2014, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss (Doc. No. 49) is GRANTED IN PART and DENIED IN PART as follows: 1. Plaintiff Tera Williams' Section 1983 claims arising under the Eighth Amendment are DISMISSED WITH PREJUDICE; 2. Plaintiff Tera Williams' Section 1983 claims alleging excessive force and failure to intervene under the Fourth Amendment are not dismissed; 3. To the extent Plaintiff Tera
Summary: ORDER YVETTE KANE, District Judge. AND NOW, on this 7th day of August 2014, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss (Doc. No. 49) is GRANTED IN PART and DENIED IN PART as follows: 1. Plaintiff Tera Williams' Section 1983 claims arising under the Eighth Amendment are DISMISSED WITH PREJUDICE; 2. Plaintiff Tera Williams' Section 1983 claims alleging excessive force and failure to intervene under the Fourth Amendment are not dismissed; 3. To the extent Plaintiff Tera W..
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ORDER
YVETTE KANE, District Judge.
AND NOW, on this 7th day of August 2014, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss (Doc. No. 49) is GRANTED IN PART and DENIED IN PART as follows:
1. Plaintiff Tera Williams' Section 1983 claims arising under the Eighth Amendment are DISMISSED WITH PREJUDICE;
2. Plaintiff Tera Williams' Section 1983 claims alleging excessive force and failure to intervene under the Fourth Amendment are not dismissed;
3. To the extent Plaintiff Tera Williams seeks to bring her excessive force and failure to intervene claims under the Fourteenth Amendment, those claims are DISMISSED WITH PREJUDICE;
4. Plaintiff Tera Williams' Section 1983 claim alleging deliberate indifference to a serious medical need under the Fourteenth Amendment is not dismissed; and
5. Plaintiff T'Juanne Williams' state law claims alleging assault and IIED are DISMISSED WITH PREJUDICE.
Source: Leagle