West v. Shultz et al

Filing 75

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED AS FOLLOWS: 1. Plaintiffs motion for leave to supplement the complaint (Doc. No. 66) is denied. 2. Defendants motion to dismiss and for summary judgment (Doc. No. 16) is granted in part and denied in part.3. The motion for summary judgment is granted with respect to all Bivens claims, except those identified in the accompanying Memorandum against Defendants Shade and Shultz, on the basis of failure to exhaust. Th e motion for summary judgment is also granted with respect to all claims raised in Administrative Tort Claims #2012-03467 and #2012-05190 on the basis of failure to exhaust. The motion for summary judgment is denied in all other respects.4. The motio n to dismiss is granted only with respect to the verbal threat claims set forth against Defendant Shade. The motion is denied in all other respects. 5. Defendants shall file their answer to the claims remaining in this action within twenty (20) days. 72 16 Signed by Honorable Yvette Kane on 4/24/14. (sc)

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

GERALD A. WEST,
Plaintiff,
v.
OFFICER SHULTZ, et al.,
Defendants

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CIVIL NO. 1:CV-12-1004
(Judge Kane)

ORDER
AND NOW, this 24th day of April 2014, in accordance with the accompanying
Memorandum, IT IS HEREBY ORDERED AS FOLLOWS:
1.

Plaintiff’s motion for leave to supplement the complaint (Doc. No. 66) is denied.

2.

Defendants’ motion to dismiss and for summary judgment (Doc. No. 16) is
granted in part and denied in part.

3.

The motion for summary judgment is granted with respect to all Bivens claims,
except those identified in the accompanying Memorandum against Defendants
Shade and Shultz, on the basis of failure to exhaust. The motion for summary
judgment is also granted with respect to all claims raised in Administrative Tort
Claims #2012-03467 and #2012-05190 on the basis of failure to exhaust. The
motion for summary judgment is denied in all other respects.

4.

The motion to dismiss is granted only with respect to the verbal threat claims
set forth against Defendant Shade. The motion is denied in all other respects.

5.

Defendants shall file their answer to the claims remaining in this action within
twenty (20) days.

S/ Yvette Kane
YVETTE KANE, District Judge
Middle District of Pennsylvania