Jacobs v. District Attorney's Office et al

Filing 168

ORDER: In accord with the accompanying Memorandum 167 ; 1. Dfts Prison Health Services, Inc., Chris Meyers, Stanley Bohinski, and Brian Davis mtn to dismiss 144 , is GRANTED, and these Dfts are DISMISSED from this action with prejudice;2. Dfts Dist rict Attorneys Office, David Pedri, and Jacqueline Musto-Carrolls mtn to dismiss 148 , is GRANTED, and these Dfts are DISMISSED from this action with prejudice;3. Dfts MHM Services, Inc. and Dr. Jane Jesses mtn to dismiss 155 , is GRANTED, and thes e Dfts are DISMISSED from this action with prejudice;4. Dfts Department of Corrections (DOC) partial mtn to dismiss 161 , is GRANTED in part and DENIED in part;5. The DOC Dfts mtn is GRANTED to the extent that: (a) Dfts Chief Counsel, Bath, Lt. Pope r, James Wilk, Philip Walters, Thomas Harrison, Guard Depiero, Robert Care, Lt. Devers, Bradley Scott, Lt. James Eveland, Lt. Stitler, McKeown, Mahally, Cicerchia, MacIntyre, Robowleski, Sgt. Brozowski, Hoover, Leonard, Piepzowski, Rudon, Ellett, McM illian, Dascani, Belles, Emerich, Kepner, Goodwin, Shipe, Tracey Williams, Manchez, Scromski, L.S. Kerns-Barr, Keller, Delbasco, Demming, Brittain, Mooney, Goyne, Rovinski, Starzinski, Lackey, Link, Abrams, Galluci, Hughes, Silvette, and S. Tubble, E llers, Kopec, Pahlidal, Zielen, Barrier, and Keins are DISMISSED with prejudice;(b) Pltfs free-standing claim of failure to respond to grievances is DISMISSED with prejudice;(c) Pltfs verbal harassment claims are DISMISSED with prejudice;(d) Pltfs Ei ghth Amendment claims for denial of food, showers, and exercise are DISMISSED with prejudice;(e) Pltfs Fourth and Eighth Amendment claims relating to strip searches are DISMISSED with prejudice; and(f) Pltfs claims related to placement on the RRL are DISMISSED with prejudice;6. The DOC Dfts mtn is DENIED in all other respects;7. Dft Christopher Wilson is DISMISSED with prejudice; and8. The remaining DOC Dfts are DIRECTED to file an answer to the remaining claims in the amended complaint within (20) days of the date of this Order.Signed by Honorable Yvette Kane on 3/19/18. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANDRE JACOBS,
Plaintiff
v.
DISTRICT ATTORNEY’S
OFFICE, et al.,
Defendants

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No. 1:10-cv-02622
(Judge Kane)

ORDER
AND NOW, on this 19th day of March 2018, upon consideration of Defendants’ motions
to dismiss Plaintiff’s amended complaint (Doc. Nos. 144, 148, 155, and 161), briefs in support
(Doc. Nos. 145, 153, 156, 162), and Plaintiff’s brief in opposition (Doc. No. 166), IT IS
ORDERED THAT:
1. Defendants Prison Health Services, Inc., Chris Meyers, Stanley Bohinski, and Brian
Davis’ motion to dismiss (Doc. No. 144), is GRANTED, and these Defendants are
DISMISSED from this action with prejudice;
2. Defendants District Attorney’s Office, David Pedri, and Jacqueline Musto-Carroll’s
motion to dismiss (Doc. No. 148), is GRANTED, and these Defendants are
DISMISSED from this action with prejudice;
3. Defendants MHM Services, Inc. and Dr. Jane Jesse’s motion to dismiss (Doc. No.
155), is GRANTED, and these Defendants are DISMISSED from this action with
prejudice;
4. Defendants Department of Corrections’ (“DOC”) partial motion to dismiss (Doc. No.
161), is GRANTED in part and DENIED in part;
5. The DOC Defendants’ motion is GRANTED to the extent that:
(a) Defendants Chief Counsel, Bath, Lt. Poper, James Wilk, Philip Walters,
Thomas Harrison, Guard Depiero, Robert Care, Lt. Devers, Bradley Scott, Lt.
James Eveland, Lt. Stitler, McKeown, Mahally, Cicerchia, MacIntyre,
Robowleski, Sgt. Brozowski, Hoover, Leonard, Piepzowski, Rudon, Ellett,
McMillian, Dascani, Belles, Emerich, Kepner, Goodwin, Shipe, Tracey Williams,
Manchez, Scromski, L.S. Kerns-Barr, Keller, Delbasco, Demming, Brittain,
Mooney, Goyne, Rovinski, Starzinski, Lackey, Link, Abrams, Galluci, Hughes,
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Silvette, and S. Tubble, Ellers, Kopec, Pahlidal, Zielen, Barrier, and Keins are
DISMISSED with prejudice;
(b) Plaintiff’s free-standing claim of failure to respond to grievances is
DISMISSED with prejudice;
(c) Plaintiff’s verbal harassment claims are DISMISSED with prejudice;
(d) Plaintiff’s Eighth Amendment claims for denial of food, showers, and exercise
are DISMISSED with prejudice;
(e) Plaintiff’s Fourth and Eighth Amendment claims relating to strip searches are
DISMISSED with prejudice; and
(f) Plaintiff’s claims related to placement on the RRL are DISMISSED with
prejudice;
6. The DOC Defendants’ motion is DENIED in all other respects;
7. Defendant Christopher Wilson is DISMISSED with prejudice; and
8. The remaining DOC Defendants are DIRECTED to file an answer to the remaining
claims in the amended complaint within twenty (20) days of the date of this Order.

s/ Yvette Kane____________
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

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