Sanders v. Rose et al

Filing 134

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that the 113 MOTION to Dismiss is GRANTED IN PART AND DENIED IN PART as noted in the order. Dfts shall file an answer to the remaining claims in the complaint withine 20 days. Signed by Honorable Yvette Kane on 2/8/16. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CYRUS R. SANDERS,
Plaintiff
v.
EMANUEL ROSE, et al.,
Defendants

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CIVIL NO. 1:10-CV-01241
(Judge Kane)

ORDER
AND NOW, this 8th day of February 2016, upon consideration of Defendants’ Motion to
Dismiss (Doc. No. 113), and for the reasons stated in the accompanying memorandum, IT IS
HEREBY ORDERED THAT the Motion (Doc. Nos. 113) is GRANTED IN PART AND
DENIED IN PART as follows:
1) Plaintiff’s claim of excessive use of force is hereby DISMISSED as to all Defendants
except Officers Rose, Cryder, Brant, Throne, Lehman, and the Unknown Officers;
2) Defendants’ motion to dismiss is hereby DENIED as to Plaintiff’s retaliation claim;
3) Plaintiff’s claim that Defendants failed to intervene in the assault is hereby
DISMISSED as to all Defendants except Officers Cryder, Brant, Throne, Lehman, and
the Unknown Officers;
4) Defendants’ motion to dismiss is hereby DENIED as to Plaintiff’s claims of
substantive and procedural due process violations resulting from the November 2, 2009
misconduct hearing;
5) Plaintiff’s claim regarding the seizure of his mail is hereby DISMISSED as to all
Defendants;
6) Plaintiff’s claim regarding the inadequacy of the prison grievance procedure is hereby
DISMISSED as to all Defendants;

7) Defendants shall file an answer to the remaining claims in the complaint within twenty
(20) days of the date of this order.

S/ Yvette Kane
YVETTE KANE
U.S. District Judge
U.S. District Court
Middle District of Pennsylvania