Sonsini, II v. Lebanon County et al

Filing 23

ORDER (Memorandum 22 filed previously as separate docket entry) GRANTING IN PART & DENYING IN PART Lebanon County defendants' MTD 14 , as follows... (see paras #1-#9 for specifics), & directing that Sonsini may file 2nd amended complaint w/in 28 days of the date of this order. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 2/16/21. (ki)

Case 1:20-cv-00392-SES Document 23 Filed 02/16/21 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RENALDO JOHN SONSINI, II
Plaintiff,
v.
LEBANON COUNTY, et al.,
Defendants.

: CIVIL NO: 1:20-CV-00392
:
: (Magistrate Judge Schwab)
:
:
:
:
:
:
:
ORDER
February 16, 2021

For the reasons set forth in the Memorandum Opinion filed concurrently
with this Order, IT IS ORDERED that the Lebanon County Defendants’ motion
(doc. 14) to dismiss the amended complaint is GRANTED IN PART and
DENIED IN PART as follows:
(1) All the 42 U.S.C. § 1983 claims against defendant Lebanon County are
dismissed without prejudice;
(2) All the 42 U.S.C. § 1983 claims against defendants Phillips, Ames, Litz,
Wolgemuth, Karnes, Hauck, Folton, Loyola, Eby, Kane, Davis, Nasr, and Barrette
in their official capacities are dismissed without prejudice;
(3) All the 42 U.S.C. § 1983 claims against defendants Phillips, Ames, Litz,
Wolgemuth, Karnes, Barrette, Loyola, Nasr, Eby, and Davis in their individual/
personal capacities are dismissed without prejudice;

Case 1:20-cv-00392-SES Document 23 Filed 02/16/21 Page 2 of 3

(4) All the 42 U.S.C. § 1983 claims against defendant Hauck in his
individual/personal capacity except the Eighth Amendment claim against
defendant Hauck based on an ongoing denial of medical care are dismissed without
prejudice;
(5) All the 42 U.S.C. § 1983 claims against defendants Folton and Kane in
their individual/personal capacities except the Eighth Amendment claim that they
failed to provide Sonsini a diet in accordance with his medical needs are dismissed
without prejudice;
(6) All the ADA and RA claims against all the defendants are dismissed
without prejudice;
(7) The claims for compensatory damages based on the Pennsylvania
Constitution are dismissed with prejudice;
(8) All the claims against defendants Matias, Cresini, Powers, Ardire,
Santoni, Garbaz, Clements, Nurse Tammy, and the John and Jane Doe defendants
are dismissed without prejudice;
(9) The claims for injunctive and declaratory relief and attorney’s fees are
dismissed with prejudice.

2

Case 1:20-cv-00392-SES Document 23 Filed 02/16/21 Page 3 of 3

IT IS FUTHER ORDERED that Sonsini may file a second amended
complaint within 28 days of the date of this Order.

S/Susan E. Schwab
Susan E. Schwab
United States Magistrate Judge

3