Holbrook et al v. Jellen et al

Filing 133

ORDER ADOPTING REPORT AND RECOMMENDATIONS; (1) Defendant's Motion for Summary Judgment 84 is granted in part and denied in part. (a) JUDGMENT is entered in favor of Defendants with respect to all damages claims under Counts I, III(d), IV, and VII of the Second Amended Complaint. (2) Plaintiffs' Motion for Partial Summary Judgment 95 is granted in part and denied in part. (a) JUDGMENT is entered as to liability in favor of Plaintiffs with respect to alldamages claims under Counts II , III(a), III(b), and VI of the Second AmendedComplaint. (3) Plaintiffs claims for prospective injunctive relief are DISMISSED as moot. (4) Count VIII of the Second Amended Complaint is DISMISSED with prejudice for failure to state a claim upon whic h relief can be granted.(5) JUDGMENT is entered in favor of Defendants with respect to any damages claims against Defendants in their official capacities. (6) This case is placed on the DECEMBER 2017 Trial List. A pre-trial order will follow.Signed by Honorable A. Richard Caputo on 10/3/17. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT L. HOLBROOK, et. al.,
CIVIL ACTION NO. 3:14-CV-00028

Plaintiffs,
v.

(JUDGE CAPUTO)

THERESA JELLEN, et. al.,
(MAGISTRATE JUDGE SAPORITO)
Defendants.
ORDER
NOW, this 3rd day of October, 2017, upon review of the Report and Recommendation (“R&R”)
of Magistrate Judge Saporito (Doc. 125) for plain error or manifest injustice, IT IS HEREBY
ORDERED that Magistrate Judge Saporito’s R&R is ADOPTED in its entirety:
(1)

Defendants’ Motion for Partial Summary Judgment (Doc. 84) is GRANTED in part
and DENIED in part.
(a)

JUDGMENT is entered in favor of Defendants with respect to all damages
claims under Counts I, III(d), IV, and VII of the Second Amended Complaint.

(2)

Plaintiffs’ Motion for Partial Summary Judgment (Doc. 95) is GRANTED in part and
DENIED in part.
(a)

JUDGMENT is entered as to liability in favor of Plaintiffs with respect to all
damages claims under Counts II, III(a), III(b), and VI of the Second Amended
Complaint

(3)

Plaintiffs’ claims for prospective injunctive relief are DISMISSED as moot.

(4)

Count VIII of the Second Amended Complaint is DISMISSED with prejudice for
failure to state a claim upon which relief can be granted.

(5)

JUDGMENT is entered in favor of Defendants with respect to any damages claims
against Defendants in their official capacities.

(6)

This case is placed on the December 2017 Trial List. A pre-trial order will follow.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge