Hampton v. Wetzel

Filing 64

ORDER (Memorandum 63 filed previously as separate docket entry) - It is hereby ORDERED that: 1. MTD 29 by deft Corizon GRANTED... (see Paras 1a-b for specifics).; 2. MTD 30 by defts Bernad & Koltay GRANTED in part & DENIED in part... (see Paras 2a-e for specifics). (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/2/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SHAWN HAMPTON,
Plaintiff
v.
JOHN WETZEL, et al.,
Defendants

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CIVIL NO. 1:14-CV-1367
(Chief Judge Conner)

ORDER
AND NOW, this 2nd day of March, 2016, upon consideration of defendants’
motions (Docs. 29, 30) to dismiss, and for the reasons set forth in the court’s
memorandum of the same date, it is hereby ORDERED that:
1.

The motion (Doc. 29) to dismiss filed by defendant Corizon is
GRANTED.
a. All claims set forth in the amended complaint with respect to
defendant Corizon are DISMISSED in their entirety.
b. The Clerk of Court is directed to TERMINATE defendant Corizon
as a party to this action.

2.

The motion (Doc. 30) to dismiss filed by defendants Bernard and
Koltay is GRANTED in part and DENIED in part, as follows:
a. The Eighth Amendment claim against defendants Bernard and
Koltay regarding the failure to order medical restrictions that
would allow Hampton to participate in particular exercise
programs is DISMISSED.
b. The motion to dismiss the Eighth Amendment claim against
defendant Bernard regarding the discontinuance of Tylenol is
DENIED.

c. The motion to dismiss the Eighth Amendment claim against
defendants Bernard and Koltay regarding the refusal to re-issue
Hampton’s back and wrist braces is DENIED.
d. The Fourteenth Amendment Equal Protection claim against
defendants Bernard and Koltay is DISMISSED.
e. The ADA claim against defendants Bernard and Koltay is
DISMISSED.

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