JACKSON v. PA DEPARTMENT OF CORRECTIONS ET AL
| RHONSHAWN JACKSON |
| CARTER, HACHERL, HAGGERTY, DICKEY, MCNAUGHTON, CONSTANZO, GILARA, OBERLANDER, O'BRIEN, MARTUCCI, HICKS, ROBINSON and CLARK |
| 1:2016cv00133 |
| June 8, 2016 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| XX US, Outside State |
| Susan Paradise Baxter |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
88
MEMORANDUM OPINION that 71 MOTION for Summary Judgment filed by O'BRIEN, GILARA, MARTUCCI, HACHERL, CONSTANZO, HICKS, OBERLANDER, DICKEY, ROBINSON, HAGGERTY, MCNAUGHTON, CARTER, CLARK will be granted. An appropriate Order follows. Signed by Judge Susan Paradise Baxter on 1/28/19. (lrw)
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Filing
40
MEMORANDUM ORDER - it is hereby Ordered that Defendants' motion to dismiss [ECF No. 27 ] is granted in part and denied in part as follows: (1) It is ORDERED that the motion to dismiss Plaintiffs Conspiracy and First Amendment claims against De fendants Carter, Hacherl, Haggerty, Dickey, McNaughton, Constanzo, Gilara, Oberlander and O'Brien are denied. (2) It is ORDERED that the motion to dismiss Plaintiff's Eighth Amendment claims against Defendants Haggerty, Gilara, and Carter are denied, but that the motion to dismiss Plaintiff's Eighth Amendment claims against the remaining Defendants (Hacherl, Dickey, McNaughton, Costanzo, Oberlander, and O'Brien) is granted. (3) It is ORDERED that Defendants' motion to dismiss Plaintiffs Conspiracy and First, Eighth and Fourteenth Amendment claims against Defendants Martucci, Hicks, Robinson and Clark is granted. (4) It is ORDERED that Defendants' motion to dismiss Plaintiffs claims for harassment, and inter ference with legal mail is denied. (5) It is ORDERED that Defendants' motion to dismiss Plaintiff's loss or destruction of property is granted. (6) It is ORDERED that the motion to dismiss filed by Defendants on October 26, 2016 (ECF No. 19 ) is denied as moot. The report and recommendation of Magistrate Judge Baxter, issued July 10, 2017, is adopted as the opinion of the court. Signed by Judge Kim R. Gibson on 9/26/2017. (dlg)
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