Moneyham v. United States

Filing 34

ORDER (memorandum filed previously as separate docket entry); OVERRULING the objections to the R&R; ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Saporito; GRANTING/DENYING motion to dismiss; GRANTING negligence claim ( Clerk of Court is directed to enter judgment;)DENIED re assault and battery claims; Clerk of Court is directed to remand to MJ Saporito for further proceedings..Signed by Honorable James M. Munley on 9/27/17. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY MONEYHAM,
Plaintiff

:
No. 3:16cv1172
:
:
(Judge Munley)
v.
:
:
(Magistrate Judge Saporito)
UNITED STATES,
:
Defendant
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 27th day of September 2017, it is HEREBY
ORDERED as follows:
1. Plaintiff’s objection to the Report and Recommendation (Doc. 32) is
OVERRULED;
2. The Report and Recommendation of Magistrate Judge Saporito (Doc.
31) is ADOPTED;
3. Defendant’s motion to dismiss, or in the alternative, motion for summary
judgment (Doc. 17) is GRANTED in part and DENIED in part.
4. Plaintiff’s negligence claim concerning the denial of medical care over a
thirteen day period between November 20, 2014, and December 3, 2014, and his
assault and battery claims arising out of the intentional conduct of EMT Potter
and EMT Barth are DISMISSED sua sponte for lack of subject matter jurisdiction;

5. The clerk is directed to enter JUDGMENT in favor of the United States
with respect to plaintiff’s negligence claim concerning the denial of immediate
medical care for injuries suffered during the incident at his cell door on November
20, 2014;
6. The motion for summary judgment is DENIED with regard to plaintiff’s
assault and battery claims arising from the conduct of correctional officers Lt.
Scott, Lt. Seeba, Officer Anderson, Officer Arnold, Officer Missigman, Officer
Sullivan, and two unidentified correctional officers on November 20, 2014, and
his use of force claim arising from the application of excessively tight restraints;
and
7. The Clerk of Court is directed to remand this case to Magistrate Judge
Saporito for further proceedings consistent with the accompanying
memorandum.

BY THE COURT:

s/ James M. Munley_______
JUDGE JAMES M. MUNLEY
United States District Court

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