TIPTON v. SCHULTZ et al

Filing 81

ORDER adopting 80 Report & Recommendation. County Defendants' 33 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. The 33 motion is granted to the extent Plaintiff has brought an ADA claim against the County Defendants in their in dividual capacities, and otherwise denied. Defendants Stanton and Simms's 37 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. The 37 motion is granted as to the ADA claims against these Defendants, and otherwise denied. Signed by Judge J. Nicholas Ranjan on 3/12/2025. (pak)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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AARON TIPTON,
Plaintiff,
vs.
LORI SCHULTZ, ESTHER
STANTON, SANDRA SIMMS,
JOHN/JANE DOE(S) 1, ASHLEY
BRINKMAN, RENEE MADDEN,
ORLANDO HARPER, FNU
D'ANGELO, FNU TURNER,
HUNTER SARVER, JOHN/JANE
DOE(S) 2, ALLEGHENY COUNTY,
Defendants.

2:24-cv-0156
Hon. J. Nicholas Ranjan
Magistrate Judge Christopher B. Brown

MEMORANDUM ORDER
This is a prisoner civil rights action pursuant to 42 U.S.C. § 1983. This matter
was referred to Magistrate Judge Christopher B. Brown for proceedings in accordance
with the Magistrates Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court
applicable to Magistrate Judges.
Currently before the Court is a Report & Recommendation filed by Judge
Brown on February 14, 2025, recommending that “(1) the motion filed by the County
Defendants [ECF 33] be granted in part and denied in part. The motion be granted
to the extent Tipton has brought an ADA claim against the County Defendants in
their individual capacities. In all other respects, the motion be denied, and (2) the
motion filed by Defendants Stanton and Simms [ECF 37] be granted in part and
denied in part. The motion be granted without objection to the ADA claims against
Defendants Stanton and Simms. In all other respects, the motion be denied.” ECF
80.

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The parties were notified that, pursuant to 28 U.S.C. § 636(b)(1), objections to
the Report & Recommendation were due by February 28, 2025. No objections were
filed.
Upon a clear error review of the record of this matter and the Report &
Recommendation, the Court finds no clear error on the face of the record, and
therefore enters the following order.
AND NOW, this 12th day of March, 2025, it is hereby ORDERED that Judge
Brown’s Report & Recommendation, ECF 80, is ADOPTED as the opinion of the
Court.
BY THE COURT:
/s/ J. Nicholas Ranjan
United States District Judge

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