Snow v. United States Of America, et al
Filing
27
ORDER: IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 23) is ADOPTED in part and REJECTED in part.(A)The recommendation to dismiss with prejudice the claims for monetary damages asserted against Defendants in their official capaci ties is ADOPTED. The claims for monetary damages against Defendants in their official capacities are DISMISSED with prejudice.(B)The recommendation to dismiss with prejudice Defendants U.S. Department of Justice, Federal Bureau of Prisons, Warden Th omas, BOP Regional Director Samuels, Disciplinary Hearing Officer Jordan, Snider, Counselor Edinger, Case Manager Nichols, Dr. Cannon, and T. Brink is ADOPTED. Defendants U.S. Department of Justice, Federal Bureau of Prisons, Warden Thomas, BOP Regi onal Director Samuels, Disciplinary Hearing Officer Jordan, Snider, Counselor Edinger, Case Manager Nichols, Dr. Cannon, and T. Brink are DISMISSED from the action with prejudice. (C)The recommendation to dismiss with prejudice the First Amendment de nial of access to the courts claim is ADOPTED. The First Amendment denial of access to the courts claim is DISMISSED with prejudice. (D)The Recommendation to allow Plaintiff to proceed on the Eighth Amendment denial of medical care claim and Eighth Amendment cruel and unusual punishment (deliberate indifference) claim against Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince is ADOPTED.(E)The recommendation to dismiss with prejudice the Eighth Amendment excessive force claim against The Captain, Lieutenant Sherman, and Lieutenant Johnson is REJECTED. The recommendation to dismiss with prejudice the excessive force claim as to all other Defendants is ADOPTED, and the excessive force claim is DISMISSED with prejudi ce as to all Defendants except The Captain, Lieutenant Sherman, and Lieutenant Johnson.(2)Plaintiffs may PROCEED on the following claims:(A)Eighth Amendment excessive force claim against Defendants The Captain, Lieutenant Sherman, and Lieutenant John son.(B)Eighth Amendment denial of medical care claim against Defendants Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince.(C)Eighth Amendment cruel and unusual punishment (deliberate indifference) claim against Defendants Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince.(3)The matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings.Signed by Honorable A. Richard Caputo on 12/13/13. (jam)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHANDAR A. SNOW,
CIVIL ACTION NO. 3:CV-13-0789
Plaintiff,
(JUDGE CAPUTO)
v.
UNITED STATES OF AMERICA, et al.,
(MAGISTRATE JUDGE BLEWITT)
Defendants.
ORDER
NOW, this 13 day of December, 2013, upon consideration of Magistrate Judge
th
Blewitt’s Report and Recommendation (Doc. 23) to Plaintiff’s Amended Complaint, IT IS
HEREBY ORDERED that:
(1)
The Report and Recommendation (Doc. 23) is ADOPTED in part and
REJECTED in part.
(A)
The recommendation to dismiss with prejudice the claims for monetary
damages asserted against Defendants in their official capacities is
ADOPTED. The claims for monetary damages against Defendants in their
official capacities are DISMISSED with prejudice.
(B)
The recommendation to dismiss with prejudice Defendants U.S.
Department of Justice, Federal Bureau of Prisons, Warden Thomas, BOP
Regional Director Samuels, Disciplinary Hearing Officer Jordan, Snider,
Counselor Edinger, Case Manager Nichols, Dr. Cannon, and T. Brink is
ADOPTED. Defendants U.S. Department of Justice, Federal Bureau of
Prisons, Warden Thomas, BOP Regional Director Samuels, Disciplinary
Hearing Officer Jordan, Snider, Counselor Edinger, Case Manager
Nichols, Dr. Cannon, and T. Brink are DISMISSED from the action with
prejudice.
(C)
The recommendation to dismiss with prejudice the First Amendment denial
of access to the courts claim is ADOPTED. The First Amendment denial
of access to the courts claim is DISMISSED with prejudice.
(D)
The Recommendation to allow Plaintiff to proceed on the Eighth
Amendment denial of medical care claim and Eighth Amendment cruel and
unusual punishment (deliberate indifference) claim against Lieutenant
Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly Prince is
ADOPTED.
(E)
The recommendation to dismiss with prejudice the Eighth Amendment
excessive force claim against The Captain, Lieutenant Sherman, and
Lieutenant Johnson is REJECTED. The recommendation to dismiss with
prejudice the excessive force claim as to all other Defendants is
ADOPTED, and the excessive force claim is DISMISSED with prejudice
as to all Defendants except The Captain, Lieutenant Sherman, and
Lieutenant Johnson.
(2)
Plaintiffs may PROCEED on the following claims:
(A)
Eighth Amendment excessive force claim against Defendants The Captain,
Lieutenant Sherman, and Lieutenant Johnson.
(B)
Eighth Amendment denial of medical care claim against Defendants
Lieutenant Sherman, Lieutenant Johnson, Heather Ladisic, and Beverly
Prince.
(C)
Eighth Amendment cruel and unusual punishment (deliberate indifference)
claim against Defendants Lieutenant Sherman, Lieutenant Johnson,
Heather Ladisic, and Beverly Prince.
(3)
The matter is RECOMMITTED to Magistrate Judge Blewitt for further
proceedings.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge
2
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