Picarella v. Brouse et al

Filing 34

ORDER (Memorandum 33 filed previously as separate docket entry) GRANTING IN PART & DENYING IN PART as follows... (see Paras 1a-e for specific details), granting pltf 20 days to file proposed 2nd amended complaint to cure deficiencies w/ re: 8th Ame nd conditions of confinement claim & Monell claim w/ failure to file same will result in dismissal of the action..., & directing pltf to file brief in opp to any MTD any 2nd complaint, should defts file one, w/in 14 days after svc of defts' brief. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/2/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHARLES PICARELLA, JR.,

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Plaintiff
v.
KRISTA BROUSE, et al.,
Defendants

CIVIL NO. 1:16-CV-501
(Chief Judge Conner)

ORDER
AND NOW, this 2nd day of March, 2017, upon consideration of defendants’
motion (Doc. 24) to dismiss, and in accordance with the court’s memorandum of the
same date, it is hereby ORDERED that:
1.

The motion (Doc. 24) to dismiss is GRANTED in part and DENIED in
part as follows:
a.

The motion is GRANTED with respect to the Fifth Amendment
due process claim, and Fourteenth Amendment due process and
equal protection claims. These claims against all defendants are
DISMISSED in their entirety.

b.

The motion is GRANTED as to any claim for damages under the
Pennsylvania Constitution. This claim is DISMISSED in its
entirety.

c.

The motion is GRANTED with respect to the Eighth
Amendment conditions of confinement claim and Monell claim.

d.

The motion is DENIED with respect to the First Amendment
and conversion claims against defendant Brouse.

e.

The motion is DENIED without prejudice as to the qualified
immunity defense.

2.

Plaintiff is granted twenty (20) days from the date of this order to file a
proposed second amended complaint to cure the deficiencies with
respect to the Eighth Amendment conditions of confinement claim and
Monell claim. Failure to timely file a proposed second amended
complaint will result in the dismissal of this action without further
notice of court.

3.

Should defendants file a motion to dismiss any second amended
complaint, plaintiff must file a brief in opposition to such motion
within fourteen (14) days after service of defendants’ brief. See M.D.
Pa. Local Rule 7.6.

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