Barnes v. Fedele et al
Filing 89
ORDER granting in part and denying in part motion to dismiss filed by defendants Bartlett, Chappius, Eagen, Fedele, Fisher, Kerbein, McGinnis, Napoli, Nuttail, and Stanley 19 . Plaintiff's claims against those defendants in their official capa cities are dismissed, to the extent that plaintiff seeks to recover damages from those defendants. To the extent that the complaint can be read as asserting an Eighth Amendment "failure to protect" claim against those defendants, such clai ms are also dismissed. Plaintiff's equal protection and due process claims against those defendants are dismissed in their entirety. All of plaintiffs claims against defendants Kerbein, Fischer, McGinnis, Napoli, Eagen, Corcoran, and Matasar a re dismissed. In all other respects, the motion is denied. The motion to dismiss filed by defendant Corcoran 33 is granted, and plaintiff's claims against Corcoran are dismissed.The motion to dismiss filed by defendant Matasar 39 is granted , and plaintiff's claims against Matasar are dismissed. The motion to dismiss filed by defendant Murphy 56 is granted, and plaintiff's failure-to-protect, equal protection, and due process claims against Murphy, and all his claims against Murphy in Murphy's official capacity, are dismissed. Signed by Hon. David G. Larimer on 1/13/11. (EMA)
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