Reed v. Lackawanna County et al

Filing 85

ORDER (memorandum filed previously as separate docket entry),Adoptedd and Not Adopted 78 REPORT AND RECOMMENDATIONS re 51 MOTION for Summary Judgment. (See order for full details). Final Pretrial Conference set for 11/21/2019 01:30 PM in Scranton before Honorable Malachy E Mannion. Jury Selection & Trial set for 12/9/2019 09:30 AM in Scranton before Honorable Malachy E Mannion.Signed by Honorable Malachy E Mannion on 9/30/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JAMES REED,

:
Plaintiff

:
:

v.
LACKAWANNA COUNTY, et al.,
Defendants

CIVIL ACTION NO. 3:16-2143
(JUDGE MANNION)

:
:

ORDER
In accordance with the memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1)

The objections of the Medical Defendants to the report of
the magistrate judge, (Doc. 79), are SUSTAINED in part
and OVERRULED in part.

(2)

The Medical Defendants’ objections are SUSTAINED with
respect to the plaintiff’s state law civil conspiracy and
intentional infliction of emotional distress claims.

(3)

The Medical Defendants’ objections are OVERRULED as
to the plaintiff’s Eighth Amendment deliberate indifference
claim.

(4)

In light of the above, the report of the magistrate judge,
(Doc.

78),

is

ADOPTED

with

respect

to

the

recommendation that summary judgment be denied on the
plaintiff’s deliberate indifference claim and NOT ADOPTED
with respect to the recommendation that summary judgment

be denied on the plaintiff’s state law civil conspiracy and
intentional infliction of emotional distress claims. The report
of the magistrate judge is also ADOPTED with respect to
the recommendation that summary judgment be granted in
favor of the Medical Defendants on the plaintiff’s Monell
claim.1
(5)

A final pre-trial conference on the remaining Eighth
Amendment deliberate indifference claim will be held on
November 21, 2019, at 1:30 p.m., at the William J. Nealon
Federal Building and United States Courthouse.

(6)

A trial on the remaining Eighth Amendment deliberate
indifference claim will be held on December 9, 2019, at
9:30 a.m., at the William J. Nealon Federal Building and
United States Courthouse, in a courtroom to be determined.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: September 30, 2019
16-2143-02-ORDER.wpd

1

No party objected to the magistrate judge’s recommendation on this
claim and the court finds no clear error of record as to the recommendation
on this claim.
2