BROWN v. C.E.C. et al

Filing 29

ORDERED THAT, UPON CONSIDERATION OF DEFENDANTS MOTION TO DISMISS ECF 24 , PLAINTIFFS RESPONSE THERETO ECF 25 , AND PLAINTIFFS MOTION TO CHECK STATUS ECF 27 , THE MOTION IS GRANTED IN PART, AND DENIED IN PART AS FOLLOWS. AS TO PLAINTIFFS FOURTEENTH AMENDMENT DUE PROCESS CLAIM FOR FREEDOM FROM PUNISHMENT, DEFENDANTS MOTION IS DENIED. AS TO PLAINTIFFS FOURTEENTH AMENDMENT EQUAL PROTECTION CLAIM, DEFENDANTS MOTION IS GRANTED. AS TO PLAINTIFFS § 1983 CONSPIRACY AND FIRST AMENDMENT RETALIATION CLAIMS, DEFENDANTS MOTION IS GRANTED WITH RESPECT TO BURNS, LYNCH, AND MOORE, AND IT IS DENIED WITH RESPECT TO BALDWIN AND LIVERPOOL. AS TO PLAINTIFFS MUNICIPAL LIABILITY CLAIM AGAINST CEC, DEFENDANTS MOTION IS GRANTED. CHAMBERS SHALL SERVE THIS OR DER AND ACCOMPANYING MEMORANDUM BY FIRST CLASS MAIL UPON PLAINTIFF GARTOR KIKI BROWN, NA-6401, AT SCI-FOREST, P.O. BOX 307, MARIENVILLE, PA 16239, POSTED THIS SAME DATE.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 7/21/20. 7/21/20 ENTERED AND COPIES MAILED TO PRO SE PETITIONER BY CHAMBERS AND E-MAILED.(jpd, )

Case 2:16-cv-04640-GAM Document 29 Filed 07/21/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GARTOR KIKI BROWN,
Plaintiff,
v.
CEC, ET AL.,
Defendants.

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CIVIL ACTION
No. 16-4640

ORDER
This 21st day of July, 2020, it is hereby ORDERED that, upon consideration of
Defendants’ Motion to Dismiss (ECF 24), Plaintiff’s response thereto (ECF 25), and Plaintiff’s
Motion to Check Status (ECF 27), the Motion is GRANTED in part, and DENIED in part as
follows.
1.

As to Plaintiff’s Fourteenth Amendment due process claim for freedom from
punishment, Defendants’ Motion is DENIED.

2.

As to Plaintiff’s Fourteenth Amendment equal protection claim, Defendants’
Motion is GRANTED.

3.

As to Plaintiff’s § 1983 conspiracy and First Amendment retaliation claims,
Defendants’ Motion is GRANTED with respect to Burns, Lynch, and Moore, and
it is DENIED with respect to Baldwin and Liverpool.

4.

As to Plaintiff’s municipal liability claim against CEC, Defendants’ Motion is
GRANTED.

Case 2:16-cv-04640-GAM Document 29 Filed 07/21/20 Page 2 of 2

Chambers shall serve this Order and accompanying Memorandum by First Class mail
upon Plaintiff Gartor Kiki Brown, NA-6401, at SCI-Forest, P.O. Box 307, Marienville, PA
16239, posted this same date.
/s/ Gerald Austin McHugh
Gerald Austin McHugh
United States District Judge

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