MCATEER v. THE UNITED STATES OF AMERICA

Filing 33

MEMORANDUM AND ORDER THAT THE GOVERNMENT'S "MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT ON CLAIMS BASED ON DISCRETIONARY FUNCTIONS" IS GRANTED AND PLAINTIFF'S CLAIMS ARE DISMISSED WITH PREJUDICE TO THE EXTENT THEY ARISE FROM THE MAY 4, 2020 DECISION TO ASSIGN JAMES MCATEER TO A SINGLE CELL. THE MOTION IS DISMISSED AS MOOT IN ALL OTHER RESPECTS. SIGNED BY DISTRICT JUDGE JOHN R. PADOVA ON 8/28/24. 8/28/24 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH McATEER, administrator of the
estate of James McAteer
v.
THE UNITED STATES OF AMERICA

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CIVIL ACTION

NO. 23-1335

ORDER
AND NOW, this 28th day of August, 2024, upon consideration of the Government’s
“Motion to Dismiss and/or for Summary Judgment on Claims Based on Discretionary Functions”
(Docket No. 26) and all documents filed in connection therewith, and for the reasons stated in the
accompanying Memorandum, IT IS HEREBY ORDERED that the Motion is GRANTED and
Plaintiff’s claims are DISMISSED WITH PREJUDICE to the extent they arise from the May 4,
2020 decision to assign James McAteer to a single cell. The Motion is DISMISSED as moot in
all other respects.
BY THE COURT:
/s/ John R. Padova, J.
______________________
John R. Padova, J.