Picarella v. Brouse et al

Filing 50

ORDER (Memorandum 49 filed previously as separate docket entry) granting defts' MTD 36 2nd amended complaint in its entirety... (see Paras 1-3 for specifics). (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/6/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHARLES PICARELLA, JR.,
Plaintiff
v.
KRISTA BROUSE, et al.,
Defendants

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

ORDER
AND NOW, this 6th day of February, 2018, upon consideration of defendants’
motion (Doc. 36) to dismiss the second amended complaint in part, and in
accordance with the court’s memorandum of same date, it is hereby ORDERED
that the motion (Doc. 36) is GRANTED in its entirety as follows:
1.

The motion is GRANTED with respect to the Fourteenth Amendment
due process and equal protection claims, the Eighth Amendment
conditions of confinement claim, and the Monell claim. These claims
are DISMISSED in their entirety.

2.

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

3.

The claims against defendants James Smink and Brian Wheary are
dismissed in their entirety. The Clerk of Court is directed to
TERMINATE these defendants.

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