Goldsmith v. Franklin County et al

Filing 25

ORDER 1. The R&R (Doc. 24) is ADOPTED for the reasons stated therein. 2.The Motion to Dismiss Plaintiffs Amended Complaint filed by Defendants Samples, Weaver, Shaeffer, Snodgrass, Meckley, Mills, and Miller (hereinafter "Correctional Defendants ") and Franklin County (Doc. 15) is GRANTED IN PART AND DENIED IN PART: a. Plaintiffs municipal liability claim against Defendant Franklin County is DISMISSED. b. The Correctional Defendants are DISMISSED in their official capacities. c. The Cor rectional Defendants' motion to dismiss Plaintiffs Eighth Amendment claim of medical deliberate indifference is GRANTED. d. The Correctional Defendants' motion to dismiss Plaintiffs Eighth Amendment claim of excessive force is DENIED. 3. The case is REMANDED to Magistrate Judge Carlson for further proceedings consistent with this Order.Signed by Honorable Robert D. Mariani on 2/10/17 (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

NORMAN GOLDSMITH,

Plaintiff,

v.

3:16-CV-00952
(JUDGE MARIANI)

FRANKLIN COUNTY, et aI.,
Defendants.
ORDER
AND NOW, THIS

10--/11 DAY OF FEBRUARY, 2016, upon review of

Magistrate Judge Carlson's Report and Recommendation ("R&R") (Doc. 24) for clear error
and manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 24) is ADOPTED for the reasons stated therein.
2. The Motion to Dismiss Plaintiffs Amended Complaint filed by Defendants
Samples, Weaver, Shaeffer, Snodgrass, Meckley, Mills, and Miller (hereinafter
"Correctional Defendants") and Franklin County (Doc. 15) is GRANTED IN PART
AND DENIED IN PART:
a. Plaintiffs municipal liability claim against Defendant Franklin County is
DISMISSED.
b. The Correctional Defendants are DISMISSED in their official capacities.
c. The Correctional Defendants' motion to dismiss Plaintiffs Eighth Amendment
claim of medical deliberate indifference is GRANTED.

d. The Correctional Defendants' motion to dismiss Plaintiffs Eighth Amendment
claim of excessive force is DENIED.
3. The case is REMANDED to Magistrate Judge Carlson for further proceedings
consistent with this Order.

.

,

obert D. Mariani
United States District Judge

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