Carlos v. York County et al

Filing 119

ORDER (memorandum filed previously as separate docket entry), Report and recommendation is adopted in part and not adopted in part. (See order for details). Crist, Clair Doll, J. Jackson, McNichols, Medical John Does 1-10, Nadeau, Carl Neeper, Grissell Santos-Heredia, Holly A. Snyder, Trig, York County, Erika Collins and Correctional Officer John Does 1-10 terminated.Signed by Honorable Malachy E Mannion on 12/9/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
:
Angela Carlos,
as Administratrix of the Estate of
Tiombe Kimana Carlos

:
:

Plaintiff
V.
York County, et. al.

:

Civil No. 1:15-CV-1994
(Judge Mannion)

:
Defendants :

ORDER
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT the Report and Recommendation of Judge Joseph F.
Saporito, Jr. is adopted in part and not adopted in part, as follows:
1)

Summary Judgment is GRANTED for all claims set forth in the
Amended Complaint pursuant to the Eighth Amendment of the
United States Constitution. Those claims are DISMISSED with
prejudice, as to all defendants.

2)

Summary Judgment is additionally GRANTED on the
remaining claims in Count I as to defendants Collins, Crist,
Doll, Jackson, McNicholas, Nadeau, Neeper, SantosHeredia, Snyder, Trig, Correctional Officer John Does 1-10
and Medical John Does 1-10. These claims are DISMISSED

with prejudice.
3)

Summary Judgment is DENIED in Count I as to defendants
Rollings-Mazza, Gallagher and Leiphart.

4)

York County’s objection that it is not an appropriate defendant
in this action is overruled. Judge Saporito’s recommendation
in this respect is adopted.

5)

Summary Judgment is GRANTED as to defendants York
County and PrimeCare in Count II. Those defendants are
DISMISSED with prejudice from this count.

6)

Summary Judgment is GRANTED in Count III as to defendants
Snyder and Medical John Does 1-10. Those defendants are
DISMISSED with prejudice.

7)

Summary Judgment is DENIED in Count III as to defendants
Gallagher and Leiphart.

8)

Summary Judgment on plaintiff’s punitive damages claim is
DENIED, at the present time, as to defendants Gallagher,
Leiphart and Rollings-Mazza.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: December 9, 2019
15-1994-01-order