Cope v. Reedy P. et al

Filing 70

ORDER, IT IS HEREBY ORDERED THAT:1.The R&R (Doc. 68) is ADOPTED IN PART AND OVERRULED IN PART.2.For the reasons set forth in the R&R, Plaintiffs Fourteenth Amendment claim is DISMISSED WITH PREJUDICE as legally frivolous and for failure to state a cl aim upon which relief can be granted. 3.Defendants Motion for Summary Judgment (Doc. 52) is GRANTED IN PART AND DENIED IN PART as follows:a.For the reasons set forth in the R&R, Defendants motion for summary judgment is GRANTED with respect to Plain tiffs state law negligence claim. b.For the reasons set forth in the R&R, Defendants motion for summary judgment with respect to Plaintiffs Eighth Amendment claim is GRANTED as to Defendants Wetzel, Delbalso, Reedy, and Geisinger.c.For the reasons s et forth in the Courts accompanying memorandum opinion, Defendants motion for summary judgment with respect to Plaintiffs Eighth Amendment claim is GRANTED as to Defendants Wintersteen, Martin, Ciocca, and Toluba. d.For the reasons set forth in the R &R and this Courts accompanying memorandum opinion, Defendants motion for summary judgment with respect to Plaintiffs Eighth Amendment claim is DENIED as to Defendant Kosakowski.4.Judgment is hereby entered IN FAVOR OF Defendants Wetzel, Delbalso, Re edy, Geisinger, Wintersteen, Martin, Ciocca, and Toluba and AGAINST Plaintiff Cope on all counts.5. Judgment is hereby entered IN FAVOR OF Defendant Kosakowski and AGAINST Plaintiff Cope on Plaintiffs Fourteenth Amendment and state law negligence claims.6.The case is REMANDED to Magistrate Judge Saporito for purposes of determining whether the parties will consent to his jurisdiction to conduct the trial in this matter. Signed by Honorable Robert D. Mariani on 10/18/17 (jam)