Mobley v. Barnacle et al

Filing 50

ORDER: 1. MJ Schwabs report and recommendation 48 is adopted.2. The following claims may proceed:a. Count I First Amendment retaliation claim against Dft Booher.b. Combined Counts IV and IX Eighth Amendment excessive force claim against Dfts Booh er, Nickum, Younker, and Myers.c. Count X Eighth Amendment failure-to-train claim against Dft Younker.d. Count XI State law intentional tort claims for assault and battery against Dfts Younker and Myers.e. Count XII State law intentional tort clai m for intentional infliction of emotional distress against Dfts Booher, Nickum, Younker, and Myers.3. All other claims and dfts are DISMISSED WITH PREJUDICE.4. The above-captioned matter is remanded to the magistrate judge forfurther proceedings. Signed by Honorable William W. Caldwell on 6/27/16. (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
GERRY MOBLEY, JR.,
Plaintiff
v.
JAMES BARNACLE, et al.,
Defendants

:
:
:
: CIVIL NO. 1:14-CV-615
:
:
:

ORDER

AND NOW, this 27th day of June, 2016, upon consideration of the report
and recommendation of Magistrate Judge Schwab (Doc. 48), filed on June 7, 2016, to
which no objections were filed, and upon independent review of the record, it is
ORDERED that:
1. Magistrate Judge Schwab’s report and recommendation (Doc. 48) is
adopted.
2. The following claims may proceed:
a. Count I – First Amendment retaliation claim against Defendant
Booher.
b. Combined Counts IV and IX – Eighth Amendment excessive
force claim against Defendants Booher, Nickum, Younker, and
Myers.
c. Count X – Eighth Amendment failure-to-train claim against
Defendant Younker.
d. Count XI – State law intentional tort claims for assault and
battery against Defendants Younker and Myers.

e. Count XII – State law intentional tort claim for intentional
infliction of emotional distress against Defendants Booher,
Nickum, Younker, and Myers.
3. All other claims and defendants are DISMISSED WITH PREJUDICE.
4. The above-captioned matter is remanded to the magistrate judge for
further proceedings.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge