Williamson v. Garman et al

Filing 32

ORDER - 1. The motion (Doc. 29) to dismiss is GRANTED. 2. Plaintiffs Amended Complaint (Doc. 28) is DISMISSED WITHOUT PREJUDICE. 3. Plaintiff is granted 28 days from the date of this Order to file a Second Amended Complaint. Failure to timely file a Second Amended Complaint may result in the dismissal of Plaintiffs action. 4. The Second Amended Complaint must specifically allege the following: a. Any claims of personal involvement by Defendant Lehman showing his personal direction or actual kno wledge and acquiescence in the strip search. b. Any allegations that the strip search was unnecessary and was conducted in an unconstitutional and illegal manner. c. Any actions the officers took that show the use of unnecessary force. Plaintiff must state specifically which officers placed their weight on him, and the manner in which they applied their weight. d. Any actions or statements made by the officers that reveal the officers derived sexual pleasure from the strip search. Plaintiff must state specifically which officers touched him, what body part was touched, and the manner in which the officers tOlJched him.5. Should Defendants file aMotion to Dismiss Plaintiffs Second Amended Complaint, Plaintiff must file a brief in opposition to such motion within 14 days after service of Defendants' brief. Signed by Honorable Robert D. Mariani on 1/9/17. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SHARIF WILLIAMSON,

Civil No. 3:15-cv-1797

Plaintiff

(Judge Mariani)

v.
SUPERINTENDENT GARMAN, et al.,
Defendants
ORDER
AND NOW, this

ri!!L

day of January, 2017, upon consideration of Defendants'

motion (Doc. 29) to dismiss the amended complaint, and for the reasons set forth in the
Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT:
1.

The motion (Doc. 29) to dismiss is GRANTED.

2.

Plaintiffs Amended Complaint (Doc. 28) is DISMISSED WITHOUT
PREJUDICE.

3.

Plaintiff is granted 28 days from the date of this Order to file a Second
Amended Complaint. Failure to timely file a Second Amended Complaint
may result in the dismissal of Plaintiffs action.

4.

The Second Amended Complaint must specifically allege the following:
a.

Any claims of personal involvement by Defendant Lehman showing his
personal direction or actual knowledge and acquiescence in the strip
search.

b.

Any allegations that the strip search was unnecessary and was
conducted in an unconstitutional and illegal manner.

c.

Any actions the officers took that show the use of unnecessary force.
Plaintiff must state specifically which officers placed their weight on
him, and the manner in which they applied their weight.

d.

Any actions or statements made by the officers that reveal the officers
derived sexual pleasure from the strip search. Plaintiff must state
specifically which officers touched him, what body part was touched,
and the manner in which the officers tOlJched him.

5.

Should Defendants file a Motion to Dismiss Plaintiffs Second Amended
Complaint, Plaintiff must file a brief in opposition to such motion within 14
days after service of Defendants' brief. I

bert D. Marfanl
United States District Judge

See M.D. Pa. Local Rule 7.6 ("Any party opposing any motion, other than a motion for
summary judgment, shall file a brief in opposition within fourteen (14) days after service of the movant's
brief .... Any party who fails to comply with this rule shall be deemed not to oppose such motion.")
(emphasis added).
I

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