Mears v. Kauffman et al
| Nicholas Mears |
| K. Kauffman, D. Varner, Sipple, Wendell, Nerri, Cousins and Burks |
| 3:2017cv01463 |
| August 16, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Huntingdon |
| JV |
| Richard P. Conaboy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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MEMORANDUM (Order to follow as separate docket entry)Given Plaintiffs contention that Cousins deferred any involvement and failed to initiate post incident corrective measures because the matter was being addressed by other prison staff members, Mea rs claims against Cousins, even if true, did not constitute deliberate indifference to a serious safety risk. Pursuant to the above discussion, Defendant Cousins motion to dismiss will be granted. An appropriate Order will enter. Signed by Honorable Richard P. Conaboy on 8/22/18. (cc)
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Filing
19
MEMORANDUM (Order to follow as separate docket entry)Pennsylvanias Commonwealth Court has recognized that a negligent failure to protect a prisoner from abuse or assault is not one of the instances enumerated under § 8522(b). See Steinberg v. De partment of Public Welfare, 405 A.2d 1135 (Pa. Cmwlth. 1979)(an employees state law claim that staff negligently failed to protect her from sexual assault by two student prisoners at youth development center was barred by doctrine of sovereign immunity). Once again this determination is limited to any state law claims asserted against the Corrections Defendants. An appropriate Order will enter. re 7 MOTION to Dismiss Signed by Honorable Richard P. Conaboy on 7/26/18. (cc)
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