Williams et al v. City of Harrisburg et al

Filing 64

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defts motion to dismiss (Doc. No. 49) is GRANTED IN PART & DENIED IN PART as follows: 1.Pltf Tera Williams Section 1983 claims arising under the 8th Amendment ar e DISMISSED W PREJUDICE; 2.Pltf Tera Williams Section 1983 claims alleging excessive force and failure to intervene under the 4th Amendment are not dismissed; 3.To the extent Pltf Tera Williams seeks to bring her excessive force and failure to interv ene claims under the 14th Amendment, those claims are DISMISSED WITH PREJUDICE; 4.Pltf Tera Williams Section 1983 claim alleging deliberate indifference to a serious medical need under the 14th Amendment is not dismissed; and 5.Pltf TJuanne Williams state law claims alleging assault and IIED are DISMISSED WITH PREJUDICE. 49 Signed by Honorable Yvette Kane on 8/7/14. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TERA WILLIAMS and
T’JUANNE WILLIAMS,
Plaintiffs,

:
:
:
:
v.
:
:
OFFICER EDWARD RIDER, OFFICER :
MICHAEL MAURER, OFFICER URIAH :
AVILES, and STEPHANIE BARTLETT, :
Defendants
:

No. 1:12-cv-1566

(Judge Kane)

ORDER
AND NOW, on this 7th day of August 2014, IT IS HEREBY ORDERED THAT
Defendants’ motion to dismiss (Doc. No. 49) is GRANTED IN PART and DENIED IN PART
as follows:
1.

Plaintiff Tera Williams’ Section 1983 claims arising under the Eighth
Amendment are DISMISSED WITH PREJUDICE;

2.

Plaintiff Tera Williams’ Section 1983 claims alleging excessive force and
failure to intervene under the Fourth Amendment are not dismissed;

3.

To the extent Plaintiff Tera Williams seeks to bring her excessive force
and failure to intervene claims under the Fourteenth Amendment, those
claims are DISMISSED WITH PREJUDICE;

4.

Plaintiff Tera Williams’ Section 1983 claim alleging deliberate
indifference to a serious medical need under the Fourteenth Amendment is
not dismissed; and

5.

Plaintiff T’Juanne Williams’ state law claims alleging assault and IIED
are DISMISSED WITH PREJUDICE.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania