DESHIELDS v. GILMORE et al

Filing 36

ORDER adopting Report and Recommendations re 29 Report and Recommendations filed on March 19, 2018, by Magistrate Judge Eddy, as supplemented. It is further ORDERED that 17 Motion for Judgment on the Pleadings is GRANTED. Accordingly, all cl aims asserted against defendants in their respective official capacities are hereby DISMISSED with prejudice based on Eleventh Amendment immunity and all claims asserted against defendants Gilmore and Filitsky in their individual capacities are hereby DISMISSED without prejudice. Signed by Chief Judge Joy Flowers Conti on 7/23/2018. (smc)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ROBERT DeSHIELDS, ) ) Plaintiff, ) ) v. ) ) ROBERT GILMORE, MICHAEL ZAKEN, ) MARK DIALESANDRO, ) OFFICER ALBAN, REBEKAH ) FILITSKY, SHELLY MANKEY, ) S. LONGSTRETH, and MS. CONGELIO, ) All sued in their Individual and Official ) Capacity, ) ) Defendants. Civil Action No. 2: 17-cv-0784 United States Chief Judge Joy Flowers Conti ORDER AND NOW, this 23rd day of July, 2018, it is hereby ORDERED, ADJUDGED AND DECREED that for the reasons set forth in the accompanying memorandum opinion, the report and recommendation (ECF No. 29) filed on March 19, 2018, by Magistrate Judge Eddy is adopted, as supplemented, as the opinion of the court. It is further ORDERED the motion for judgment on the pleadings (ECF No. 17) will be GRANTED. Accordingly, all claims asserted against defendants in their respective official capacities are hereby DISMISSED with prejudice based on Eleventh Amendment immunity and all claims asserted against defendants Gilmore and Filitsky in their individual capacities are hereby DISMISSED without prejudice. IT IS FURTHER ORDERED that this matter is remanded back to the magistrate judge for all further pretrial proceedings. BY THE COURT: /s/ Joy Flowers Conti Joy Flowers Conti Chief United States District Judge cc: ROBERT DESHIELDS CW-5906 SCI Coal Twp 1 Kelly Drive Coal Township, PA 17866 (via U.S. First Class Mail) Scott A. Bradley Office of the Attorney Genera (via ECF electronic notification) 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?