SLOAN v. SOBINA et al

Filing 58

MEMORANDUM ORDER: IT IS HEREBY ORDERED that the partial motion for summary judgment filed by Defendants [ECF No. 37] is GRANTED in part and DENIED in part. Specifically, the motion is: GRANTED in favor of Defendants Brooks, McCormick, Sobina, Beard , Mark and Watson on the failure-to-intervene claim; DENIED as to Defendants Vincent and Caldwell on the failure-to-intervene claim; GRANTED in favor of Defendant Franz on the false misconduct/cover-up claim; GRANTED as to all claims against Defendan ts Lucore, Warner and Jouver; and GRANTED in favor of Beard, McCormick, Balos, Brooks, Sobina, Mark and Watson on both the failure-to-protect and failure-to-supervise claims against them. The Clerk of Courts is directed to terminate the following De fendants from this action: Brooks, McCormick, Sobina, Beard, Mark, Watson, Franz, Lucore, Warner, Jouver, and Balos. The Report and Recommendation [ECF No. 51] of Magistrate Judge Baxter, filed on July 31, 2012, is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 8/23/2012. (rlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
AARON SLOAN,

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Plaintiff,
v.
RAYMOND SOBINA, et. al.,
Defendants.

Civil Action No. 10-221 Erie

MEMORANDUM ORDER
This civil rights action was received by the Clerk of Court on September 7, 2010
and was referred to United States Magistrate Judge Susan Paradise Baxter for report
and recommendation in accordance with the Magistrates Act, 28 U.S.C. ' 636(b)(1),
and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation [ECF No. 51], filed on July
31, 2012, recommended that the partial motion for summary judgment filed by
Defendants [ECF No. 37] be granted in part and denied in part. Specifically, it was
recommended that the motion be:
-Granted in favor of Defendants Brooks, McCormick, Sobina, Beard, Mark
and Watson on the failure-to-intervene claim;
-Denied as to Defendants Vincent and Caldwell on the failure-to-intervene
claim;
-Granted in favor of Defendant Franz on the false misconduct/cover-up
claim;
-Granted as to all claims against Defendants Lucore, Warner and Jouver;
and
-Granted in favor of Beard, McCormick, Balos, Brooks, Sobina, Mark and
Watson on both the failure-to-protect and failure-to-supervise claims
against them.
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The parties were allowed fourteen (14) days from the date of service to file
objections and service was made on Plaintiff by certified mail. Plaintiff filed objections
on August 16, 2012. [ECF No. 56]. After de novo review of the documents in the case,
together with the Report and Recommendation and objections thereto, the following
order is entered:
AND NOW, this 23rd day of August, 2012;
IT IS HEREBY ORDERED that the partial motion for summary judgment filed by
Defendants [ECF No. 37] is GRANTED in part and DENIED in part. Specifically, the
motion is:
-GRANTED in favor of Defendants Brooks, McCormick, Sobina, Beard,
Mark and Watson on the failure-to-intervene claim;
-DENIED as to Defendants Vincent and Caldwell on the failure-tointervene claim;
-GRANTED in favor of Defendant Franz on the false misconduct/cover-up
claim;
-GRANTED as to all claims against Defendants Lucore, Warner and
Jouver; and
-GRANTED in favor of Beard, McCormick, Balos, Brooks, Sobina, Mark
and Watson on both the failure-to-protect and failure-to-supervise claims
against them.
The Clerk of Courts is directed to terminate the following Defendants from this
action: Brooks, McCormick, Sobina, Beard, Mark, Watson, Franz, Lucore, Warner,
Jouver, and Balos.
The Report and Recommendation [ECF No. 51] of Magistrate Judge Baxter, filed
on July 31, 2012, is adopted as the opinion of the Court.

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s/

cm:

Sean J. McLaughlin
United States District Judge

All parties of record
Susan Paradise Baxter, U.S. Magistrate Judge

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