JEFFERSON v. WETZEL et al

Filing 27

ORDER adopting 24 Report and Recommendations; Granting in part and denying in part 15 Motion to Dismiss for Failure to State a Claim; (1) The motion to dismiss Plaintiffs Eighth and Fourteenth Amendment claims against Defendants Wetzel, Varner, G iroux, Clark, Meure and Scott-Clausen (Counts III, IV, V, IX, X (except as to Defendant Behringer), XI, XII, XIII and XIV) is GRANTED. (2) Defendants motion to dismiss Plaintiffs claim for intentional infliction of emotional distress (Count VIII), as alleged against Defendants Wetzel, Varner, Giroux, Clark, Meure and Scott-Clausen, is GRANTED. (3) Defendants motion to dismiss Plaintiffs claims for assault and battery, harassment and intentional infliction of emotional distress (Counts VI, VI I and VIII), alleged against Defendant Behringer is DENIED. (4) Defendants Wetzel, Varner, Giroux, Clark, Meure and Clausen are terminated from the docket. Signed by Judge Barbara Rothstein on 7/21/2017.Signed by Judge Barbara Rothstein on 7/21/2017. (nk)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

LARRIE D. JEFFERSON,

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)
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Plaintiff,
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v.
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JOHN E. WETZEL,
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et al.,
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Defendants.
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____________________________________)

Civil Action No. 16-245 Erie
ORDER

ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having considered the Report and Recommendation of Magistrate Judge
Susan Paradise Baxter, there being no objections thereto, and the balance of record, HEREBY
ADOPTS the Report and Recommendation. Defendants’ motion to dismiss [ECF No. 15] is
GRANTED IN PART and DENIED IN PART as follows:
(1) The motion to dismiss Plaintiff’s Eighth and Fourteenth Amendment claims against
Defendants Wetzel, Varner, Giroux, Clark, Meure and Scott-Clausen (Counts III, IV, V,
IX, X (except as to Defendant Behringer), XI, XII, XIII and XIV) is GRANTED.
(2) Defendants’ motion to dismiss Plaintiff’s claim for intentional infliction of emotional
distress (Count VIII), as alleged against Defendants Wetzel, Varner, Giroux, Clark,
Meure and Scott-Clausen, is GRANTED.
(3) Defendants’ motion to dismiss Plaintiff’s claims for assault and battery, harassment and
intentional infliction of emotional distress (Counts VI, VII and VIII), alleged against
Defendant Behringer is DENIED.

(4) Defendants Wetzel, Varner, Giroux, Clark, Meure and Scott are terminated from the
docket.
IT IS SO ORDERED.
DATED this 21st day of July, 2017.

BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE

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