Negron v. Bickell et al

Filing 44

ORDER (Memorandum 43 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Motion 15 on behalf of corrections officers GRANTED in part & DENIED in part... (see Paras 1a-d for specifics).; 2. Motion 19 on behalf of deft Lane GRANTED & complaint against deft Lane DISMISSED in its entirety. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/8/14. (ki)

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

NATHANIEL NEGRON,
Plaintiff
v.
TABB BICKELL, et al.,
Defendants

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CIVIL ACTION NO. 1:13-CV-1568
(Chief Judge Conner)

ORDER
AND NOW, this 8th day of July, 2014, upon consideration of the motions
(Docs. 15, 19) to dismiss, and in accordance with the court’s memorandum of the
same date, it is hereby ORDERED that:
1.

The motion (Doc. 15) filed on behalf of the corrections defendants is
granted in part and denied in part as follows:
a.

The motion is GRANTED as to plaintiff’s Eighth Amendment
conditions of confinement claim. This claim against defendants
Bickell, Ellers, Green, Everling, Kissel, Wertz, Taylor, Butler,
Walker, Hengst, Eby, Lovett, Sisto and Varner is DISMISSED in
its entirety.

b.

The motion is GRANTED as to plaintiff’s Fourteenth
Amendment due process claim. This claim against all
corrections defendants is DISMISSED in its entirety.

c.

With respect to the Eighth Amendment inadequate medical care
claim, the motion is GRANTED as to all corrections defendants
except defendants Everling, Kissel and Lt. Dunkle. The motion
is DENIED with respect to defendants Everling, Kissel and Lt.
Dunkle.

d.

2.

Defendants Everling, Kissel and Lt. Dunkle shall FILE an
answer or appropriate pretrial motion addressing plaintiff’s
Eighth Amendment inadequate medical care claim on or before
July 28, 2014.

The motion (Doc. 19) filed on behalf of defendant Lane is GRANTED.
The complaint against defendant Lane is DISMISSED in its entirety.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania