YOUNG v. CORRECTIONAL OFFICER ZEIDERS
Filing
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AMENDED MEMORANDUM ORDER re 6 Motion to Dismiss for Failure to State a Claim filed by CORRECTIONAL OFFICER ZEIDERS. Signed by Magistrate Judge Maureen P. Kelly on 2/7/2014. (bb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TYRELL R. YOUNG,
Plaintiff,
vs.
CORRECTIONAL OFFICER ZEIDERS,
Individually and in his capacity as
Corrections Officer 1 at the State
Correctional Institution at Houtzdale,
Defendants.
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Civil Action No. 13-149J
Judge Kim R. Gibson/
Magistrate Judge Maureen P. Kelly
Re: ECF No. 6
MEMORANDUM ORDER
Plaintiff, Tyrell R. Young ("Plaintiff ") is an inmate in the custody of the Pennsylvania
Department of Corrections ("DOC"), and is currently incarcerated at the State Correctional
Institution Houtzdale. Plaintiff filed this civil rights action on July 12, 2013, bringing claims
against Defendant Correctional Officer Zeiders alleging that he “deliberately, negligently, and/or
with deliberate indifference to Plaintiff’s safety, granted an inmate access to Plaintiff’s cell when
he knew or should have known that the inmate intended to inflict serious bodily harm upon the
Plaintiff” in violation of his rights provided by the Eighth and Fourteenth Amendments to the
United States Constitution (Count I). ECF No. 1. Plaintiff has also brought state law claims for
Intentional Infliction of Emotional Distress (Count II), and Negligent Infliction of Emotional
Distress (Count III). Id.
Presently before the Court is Defendant’s Partial Motion to Dismiss for Failure to State a
Claim. ECF No. 6. Defendant argues that he is entitled to sovereign immunity on Plaintiff’s
state law tort claims brought at Counts II and III of the Complaint. ECF No. 6. In his response,
Plaintiff has conceded that Counts II and III “are barred by the Defendant’s immunities and must
be dismissed.” ECF No. 9. Based on Plaintiff’s concession that Counts II and III must be
dismissed, Counts II and III will be dismissed. Indeed, it appears that Defendant is entitled to
immunity under Pennsylvania’s tort claims act, 1 Pa. C.S. § 2310, and that none of the delineated
exceptions apply. See 42 P. C.S. § 8522 (b). See also Story v. Mechling, 412 F. Supp. 2d 509,
518 (W.D. Pa. 2006). Accordingly, the following Order is entered:
AND NOW, this 7th day of February, 2014, IT IS HEREBY ORDERED that Plaintiff’s
Partial Motion to Dismiss for Failure to State a Claim, ECF No. 6, is GRANTED and Counts II
and III of the Complaint are dismissed with prejudice.
BY THE COURT:
/s/ Maureen P. Kelly
MAUREEN P. KELLY
UNITED STATES MAGISTRATE JUDGE
cc:
All Counsel of Record Via CM-ECF
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