ANDERSON v. FOLINO et al

Filing 55

MEMORANDUM ORDER granting in part and denying in part 36 Motion to Dismiss; granting in part and denying in part 42 Motion to Dismiss; Plaintiff's claims are disposed of in the following manner: 1. The following claims are DISMISSED with pre judice: (a) Plaintiffs claims against Defendants in their official capacities; (b) Plaintiff's claims against Defendant Bogden concerning alleged interference in the grievance process; (c) Plaintiff's claims regarding denial of a period of exercise, alleged threats made by Defendants, allegedly false misconduct charges, and allegedly mishandled institutional grievances; (d) Plaintiff's "custom and practice" claims; and (e) Plaintiff's state tort claims against all n on-medical professional Defendants; 2. The following claims are DISMISSED without prejudice to Plaintiff filing an amended complaint: (a) Plaintiff's Eighth Amendment denial of medical care claims; (b) Plaintiff's failure to intervene claim s with respect to all Defendants except Defendant Rauenswinder; and (c) Plaintiff's remaining conspiracy claims against all Defendants except Defendant Rauenswinder; Plaintiff shall, if appropriate, file an amended complaint with respect to thes e claims within 21 days of the date of this order; Failure to do so will result in the dismissal of these claims with prejudice; 3. Plaintiff's claims arising from the Pennsylvania Constitution are DISMISSED for lack of subject matter jurisdicti on, without prejudice to Plaintiff re-filing in state court; 4. Defendants' motions to dismiss are DENIED with respect to: (a) Plaintiff's failure to intervene claim against Defendant Rauenswinder; (b) Plaintiff's conspiracy claim agai nst Defendant Rauenswinder; and (c) Plaintiff's state law tort claims against Defendants Gibbs, McAnany, Wilson, Walter, Donna Doe, and Roxanna Doe; 54 Report and Recommendation is adopted as the opinion of this Court. Signed by Chief Judge Gary L. Lancaster on 9/19/11. (map)