Nealman v. Laughlin et al

Filing 48

ORDER (Memorandum 47 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Mifflin County defts' MTD 34 is GRANTED in part & DENIED in part as follow.. (see Paras 1a-f for specifics).; 2. Commonwealth defts' MTD [3 5] is GRANTED in its entirety - Cts I, II & V of amended complaint DISMISSED w/ prejudice as to defts Laughlin & Noonan.; 3. Juniata County's MTD 36 is GRANTED in its entirety - Cts III & V DISMISSED w/out prejudice as to deft Juniata County.; 4. Pltf granted leave to amend pleading w/in 20 days of date of this order consistent w/ Paras above & memo 47 & in absence of timely-filed 2nd amended complaint action shall proceed on remaining claims. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/31/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TAWNA Z. NEALMAN, as the
Personal Representative of the Estate
of Benjamin Shelley Nealman,
Plaintiff
v.
RYAN P. LAUGHLIN, et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-1579
(Chief Judge Conner)

ORDER
AND NOW, this 31st day of August, 2016, upon consideration of the motions
to dismiss plaintiff’s amended complaint (Doc. 32) pursuant to Federal Rule of Civil
Procedure 12(b)(6) by the Mifflin County defendants (Doc. 34), the Commonwealth
defendants (Doc. 35), and defendant Juniata County (Doc. 36), and for the reasons
stated in the accompanying memorandum, it is hereby ORDERED that:
1.

The Mifflin County defendants’ motion (Doc. 34) is GRANTED in part
and DENIED in part as follows:
a.

Count I is DISMISSED without prejudice as to defendants
Joseph T. Patkalitsky, Jr., James M. Lewis, Robert E. Knable,
Zachary R. Houser, Carla Walters, Marlin G. Conner, and Dustin
Benny.

b.

Count II is DISMISSED without prejudice as to defendants
Dustin Benny, James T. Crisswell, and Bernard J. Zook.

c.

Count III is DISMISSED without prejudice as to defendants
Mifflin County and the Mifflin County Prison Board.

d.

Count IV is DISMISSED without prejudice as to defendant
Tiffanie N. Wert, Carla Walters, and Marlin G. Conner.

e.

Count V is dismissed without prejudice as to defendants Joseph
T. Patkalitsky, Jr., James M. Lewis, Robert E. Knable, Zachary
R. Houser, Carla Walters, Marlin G. Conner, Dustin Benny,
James T. Crisswell, and Bernard J. Zook, as well as Mifflin
County and the Mifflin County Prison Board.

f.

The motion (Doc. 34) is DENIED in all other respects.

2.

The Commonwealth defendants’ motion (Doc. 35) is GRANTED in its
entirety. Counts I, II, and V of plaintiff’s amended complaint (Doc. 32)
are DISMISSED with prejudice as to defendants Ryan P. Laughlin and
Frank Noonan.

3.

Juniata County’s motion (Doc. 36) to dismiss is GRANTED in its
entirety. Counts III and V are DISMISSED without prejudice as to
defendant Juniata County.

4.

Plaintiff is granted leave to amend her pleading within twenty (20)
days of the date of this order, consistent with the above paragraphs
and the accompanying memorandum. In the absence of a timely-filed
second amended complaint, the above-captioned action shall proceed
on the remaining claims.

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