Rochester v. Southers et al
||Benner, Lisa, Jane Doe, Miller, Richard Southers, Whalen, Wendy Depew, Lee, Crozick and McDermott
||November 19, 2012
||US District Court for the Middle District of Pennsylvania
||Sylvia H. Rambo
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|August 5, 2013
MEMORANDUM AND ORDER: 1) The Clerk of Court is directed to terminate Dft Psych Doctor Jane Doe as party in this action.2) Dfts mtn to dismiss 13 is GRANTED as to Dft Southers, and Dft Southers shall be terminated as a party in this action.3) Dfts m tn to dismiss 13 is DENIED as to Dft Nurse Lisa Snyder.4) Dfts motion to dismiss 13 is GRANTED as to Pltfs Eighth Amendment excessive use of force claim against Dfts Sergeant Leete and Officers McDermott and Crozier, without prejudice to Pltfs ab ility to file anamended complaint.5) Pltfs amended complaint shall be filed in accordance with theinstructions set forth in the accompanying memorandum no later than 8/15/13.6) Failure to timely comply with this order will result in the court proceedingon the original complaint. Signed by Honorable Sylvia H. Rambo on 08/05/13. (ma)
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