Tejada v. Delbalso et al

Filing 243

ORDER (memorandum filed previously as separate docket entry); ORDER ADOPTING IN PART, NOT ADOPTING IN PART REPORT AND RECOMMENDATIONS (217). The Motion for Summary Judgment (Doc. 152) is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. See Orde r for full details. Clerk of Court is DIRECTED TO ENTER JUDGMENT in Defendants' favor on all claims but those identified in paragraph 2. This matter is REMANDED to Magistrate Judge Saporito for further pretrial handling. Signed by Honorable Robert D. Mariani on 4/28/22. (jam)

Case 3:18-cv-01096-RDM-JFS Document 243 Filed 04/28/22 Page 1 of 3

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RICKY TEJADA,
: CIVIL ACTION NO. 3:18-CV-1096
: (JUDGE MARIANI)
: (Magistrate Judge Saporito)

Plaintiff,

v.
SUPERINTENDENT DELBASO, et al.,
Defendants.

"1.
AND NOW, THIS ;)__()

ORDER

DAY OF APRIL 2022, upon consideration of Magistrate

Judge Joseph F. Saporito's Report and Recommendation (''R&R) (Doc. 217) and all
relevant documents, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 217) is ADOPTED IN PART and NOT ADOPTED IN PART.
2. The R&R (Doc. 217) is NOT ADOPTED in that the Court has made the following
determinations:
a. Plaintiffs Eighth Amendment excessive force claim related to the July 26,
2018, van incident and the First Amendment retaliation claims based on the
confiscation of property on May 31, 2016, and the events of July 26, 2018,
including related supervisory and conspiracy claims as well as related John
Doe Defendants go forward; and
b. State-law tort claims for assault and battery go forward.

Case 3:18-cv-01096-RDM-JFS Document 243 Filed 04/28/22 Page 2 of 3

3. The R&R is ADOPTED in all other respects for the reasons set forth therein as
supplemented by the accompanying Memorandum Opinion.
4. Plaintiffs Fourth Amendment and Fourteenth Amendment excessive force claims are
DISMISSED without leave to amend.
5. Plaintiffs Eighth Amendment claims for deliberate indifference to a serious medical
need are DIMISSED without leave to amend .
6. Defendants "John/Jane Doe medical department staff," Department of Corrections,
and SCI-Mahanoy are DISMISSED from this action.
7. The Motion for Summary Judgment of Department of Corrections Defendants (Doc.
152) is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE.
a. The Motion is DENIED WITHOUT PREJUDICE as to the Eighth Amendment
excessive force claim related to the July 26, 2018, van incident and the First
Amendment retaliation claims based on the confiscation of property on May
31 , 2016, and the events of July 26, 2018, as well as related supervisory and
conspiracy claims.
b. The motion is GRANTED in all other respects.
8. The Clerk of Court is DIRECTED TO ENTER JUDGMENT in Defendants' favor on all
claims but those identified in 1 2 above.

2

Case 3:18-cv-01096-RDM-JFS Document 243 Filed 04/28/22 Page 3 of 3

9. With this determination, only the following claims go forward:
a. Eighth Amendment excessive force claims related to the July 26, 2018, van
incident and related supervisory and conspiracy claims;
b. First Amendment retaliation claims based on the confiscation of property on
May 31, 2016, and the events of July 26, 2018, as well as related supervisory
and conspiracy claims;
c. State-law tort claims of assault and battery.
10. This matter is REMANDED to Magistrate Judge Saporito for further pretrial handling.

Robert D. Maria ·
United States District Judge