Mobley v. Barnacle et al
| Gerry Mobley, Jr. |
| James Barnacle, Tabb Bickell, Caleb Younker, James Booher, Andrew Nickum, Myers and Reed |
| 1:2014cv00615 |
| April 1, 2014 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Greene |
| William W. Caldwell |
| Susan E. Schwab |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
115
ORDER ADOPTING REPORT 114 of Chief Magistrate Judge Schwab, DISMISSING amended complaint 8 , & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/6/19. (ki)
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Filing
50
ORDER: 1. MJ Schwabs report and recommendation 48 is adopted.2. The following claims may proceed:a. Count I First Amendment retaliation claim against Dft Booher.b. Combined Counts IV and IX Eighth Amendment excessive force claim against Dfts Booh er, Nickum, Younker, and Myers.c. Count X Eighth Amendment failure-to-train claim against Dft Younker.d. Count XI State law intentional tort claims for assault and battery against Dfts Younker and Myers.e. Count XII State law intentional tort clai m for intentional infliction of emotional distress against Dfts Booher, Nickum, Younker, and Myers.3. All other claims and dfts are DISMISSED WITH PREJUDICE.4. The above-captioned matter is remanded to the magistrate judge forfurther proceedings. Signed by Honorable William W. Caldwell on 6/27/16. (ma)
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Filing
21
ORDER - It is hereby ORDERED that: 1. Magistrate judge's report 20 is ADOPTED.; 2. Defts' MTD 16 granted in part & denied in part.;l 3. Any claims for monetary damages against defts Barnacle & Bickell in official capacities dismissed w / prejudice - any claims against them in individual capacities may proceed.; 4. Pltf's claims for injunctive & declaratory relief dismissed as moot.; 5. Count I pltf's 1st Amend retaliation claim against deft Booher may proceed.;l 6. Counts II & VI pltf's 1st Amend retaliation claims against defts Nickum & Myers dismissed w/out prejudice.; 7. Count III 8th Amend claim against defts Bickell & Barnacle dismissed w/out prejudice.; 8. Count VII 4th Amend claim against deft Booher dism issed w/ prejudice.;l 9. Count VIII dismssed w/ prejudice.; 10. Counts IV & IX consolidated into one 8th Amend excessive force claim - combined count dismissed w/out prejudice as to deft Barnacle & Bickell but may proceed against remaining defts.; 11 : Supervisory liability claim against deft Bickell in Count X dismissed w/out prejudice.; 12. Count XII dismissed w/ prejudice w/re: defts Reed, Barnacle & Bickel - Count XII may proceed against deft Booher.; 13. Pltf may file one final amended comp laint in attempt to correct deficiencies id'd in magistrate judge's rpt - may only amend claims dismissed w/out prejudice - amended complaint due by 8/5/15.; 14. Matter remanded to magistrate judge for further proceedings inc R&R on any dispostive motions that may be filed. (See order for complet details.)Signed by Honorable William W. Caldwell on 7/15/15. (ki)
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