MAYO v. NEWMAN et al
| WILLIAM MAYO |
| ROBERT NEWMAN, JOSHUA POSKA, MICHAEL HAINES, AARON EICHER, MICHAEL MICHALSKY, MCKELVEY, FRIEND and MARK CAPOZZA |
| 2:2017cv01490 |
| November 16, 2017 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Fayette |
| Lisa Pupo Lenihan |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
34
MEMORANDUM OPINION & ORDER granting in part and denying in part 21 Defendants' Motion to Dismiss. It is granted with respect to Plaintiff's claims of due process, access to courts, failure to discipline, denial of medical care and neglige nce, and those claims are dismissed with prejudice as it is clear that allowing for amendment would be futile. The Motion is denied without prejudice with respect to Plaintiffs claims of retaliation and assault and battery. Those claims will remain for summary judgment, as well as Plaintiffs claims of excessive force. The Clerk is direct to terminate from the docket the following Defendants: Lane, Capozza, Poska, McKelvey and Friend. Signed by Magistrate Judge Lisa Pupo Lenihan on March 15, 2019. (kcc)
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