B.L. v. Lamas et al

Filing 52

ORDER 1. The Report & Recommendation (UR&R"), (Doc. 44), is ADOPTED IN PART to the extent that it is consistent with this Court's accompanying Opinion and this Order. 2. Defendants' Objections, (Doc. 45), are OVERRULED IN PART AND SUST AINED IN PART for the reasons outlined in this Court's accompanying Opinion. 3. Defendants' Motion to Dismiss, (Doc. 12), Plaintiff's Complaint is GRANTED IN PART AND DENIED IN PART, specifically: a. Count II of the Complaint, (Doc. 1) , is DISMISSED WITH PREJUDICE as to all Defendants.b. Count VI of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendants Ferguson and Salamon and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. c. Count VI I of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendant Salamon and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. d. Count VIII is DISMISSED WITHOUT PREJUDICE as to all Defendants and WITH LEAVE TO AM END within fourteen (14) days from the date of this Order. e. Count Xof the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendants Lamas and Glunt and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. f. Count X I of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICEas to all Defendants and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. g. Defendants' Motion to Dismiss, (Doc. 12), is otherwise DENIED.4. The following cou nts remain pending in this action:a. Count I Violation of Eighth Amendment by Sexual Assault againstDefendant Zong. b. Count 111-Violation of Fourteenth Amendment1 by Invasion of Privacy against Defendants Zong, Rogers, Bumbarger, Foster, Nicholas, C ienfuegos, and Millerc. Count IV -Violation of Fourth Amendment by Unreasonable Search and Seizure against Defendant long. d. Count V -Violation of Fourth and Eighth Amendments by Failure to Intervene against Defendants Rogers, Bumbarger, Foster, Nic holas, Cienfuegos, Snyder, and Miller.e. Count VI -Violation of Fourth and Eighth Amendments by Failure toSupervise against Lamas, Glunt, Harpster, Rogers, and Garman. f. Count VII Violation of Fourth and Eighth Amendments by Failure to Train against Garman, Dooley, and John Does #1, #2, and #3. g. Count IX Violation of Equal Protects Clause of Fourteenth Amendment against Defendants Lamas, Glunt, Ferguson, Dooley, Salamon, Garman, Tice, Hoover, Vance, Harpster, and Rogers. h.Count X-Violation of Free Exercise Clause of First Amendment against Defendant long. i. Count XII Sexual Assault against Defendant long. j. Count XIII-Sexual Battery against Defendant long. k. Count XIV -Intention Infliction of Emotional Distress against Defendants lo ng, Glunt, Ferguson, Tice, Hoover, Vance, Harpster, Rogers, Salamon, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller. I. Count XV Defamation against Defendants Bumbarger, Foster, Nicholas,Cienfuegos, and Miller. m. Count XVI -Invasion of Privacy against Defendants Zong, Rogers, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller. 5.Defendants' Motion for a More Definite Statement, (Doc. 12), is DENIED.6. Plaintiffs Counsel shall, within fourteen (14) days from the date of this Order, co mply with Federal Rule of Civil Procedure 10 by fully identifying the name of her client or seeking leave to have her client proceed anonymously.7. The case is REMANDED to Magistrate Judge Carlson for further proceedings consistent with this Order. Signed by Honorable Robert D. Mariani on 2/13/17. (jfg)

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I ~ THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA B.L., i I I I I Plaintiff, v. 3:15·CV·1327 (JUDGE MARIANI) MARIROSA LAMAS, et al., f i I I I t Defendants. ORDER AND NOW, THIS 13TH DAY OF FEBRUARY, 2017, upon de novo review of I I ! i , I Magistrate Judge Carlson's Report & Recommendation, (Doc. 44), IT IS HEREBY ORDERED THAT: 1. The Report & Recommendation (UR&R"), (Doc. 44), is ADOPTED IN PART to the extent that it is consistent with this Court's accompanying Opinion and this Order. 2. Defendants' Objections, (Doc. 45), are OVERRULED IN PART AND SUSTAINED IN PART for the reasons outlined in this Court's accompanying Opinion. 3. Defendants' Motion to Dismiss, (Doc. 12), Plaintiff's Complaint is GRANTED IN PART AND DENIED IN PART, specifically: a. Count II of the Complaint, (Doc. 1), is DISMISSED WITH PREJUDICE as to all Defendants. b. Count VI of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendants Ferguson and Salamon and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. c. Count VII of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendant Salamon and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. d. Count VIII is DISMISSED WITHOUT PREJUDICE as to all Defendants and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. e. Count X of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendants Lamas and Glunt and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. f. Count XI of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to all Defendants and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. g. Defendants' Motion to Dismiss, (Doc. 12), is otherwise DENIED. 4. The following counts remain pending in this action: a. Count I - Violation of Eighth Amendment by Sexual Assault against Defendant Zong. b. Count 111- Violation of Fourteenth Amendment1 by Invasion of Privacy against Defendants Zong, Rogers, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller. 1 Although the Complaint says Fourth Amendment, for the reasons outline in the accompany Opinion, the Court interprets this claim as brought under the Fourteenth Amendment. 2 I f [ c. Count IV - Violation of Fourth Amendment by Unreasonable Search and Seizure against Defendant long. d. Count V - Violation of Fourth and Eighth Amendments by Failure to Intervene against Defendants Rogers, Bumbarger, Foster, Nicholas, Cienfuegos, Snyder, and Miller. e. Count VI - Violation of Fourth and Eighth Amendments by Failure to Supervise against Lamas, Glunt, Harpster, Rogers, and Garman. f. Count VII ­ Violation of Fourth and Eighth Amendments by Failure to Train against Garman, Dooley, and John Does #1, #2, and #3. g. Count IX ­ Violation of Equal Protects Clause of Fourteenth Amendment against Defendants Lamas, Glunt, Ferguson, Dooley, Salamon, Garman, Tice, Hoover, Vance, Harpster, and Rogers. h. Count X - Violation of Free Exercise Clause of First Amendment against Defendant long. i. Count XII ­ Sexual Assault against Defendant long. j. Count XIII- Sexual Battery against Defendant long. k. Count XIV -Intention Infliction of Emotional Distress against Defendants long, Glunt, Ferguson, Tice, Hoover, Vance, Harpster, Rogers, Salamon, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller. I. Count XV ­ Defamation against Defendants Bumbarger, Foster, Nicholas, Cienfuegos, and Miller. 3 m. Count XVI -Invasion of Privacy against Defendants Zong, Rogers, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller. 5. Defendants' Motion for a More Definite Statement, (Doc. 12), is DENIED. 6. Plaintiffs Counsel shall, within fourteen (14) days from the date of this Order, comply with Federal Rule of Civil Procedure 10 by fully identifying the name of her client or seeking leave to have her client proceed anonymously. 7. The case is REMANDED to Magistrate Judge Carlson for further proceedings consistent with this Order. , bert D. Mari~ . United States District Judge 4

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