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Mearin v. Swartz

United States District Court, W.D. Pennsylvania

June 12, 2013

THURMAN MEARIN, NATHAN RILEY, Plaintiffs,
v.
CARLA SWARTZ, Unit manager, MAJOR L. WINFIELD, Major of Unit Management, LOUIS FOLINO, Superintendent, DORINA VARNER, Chief Grievance Officer, L-5 UNIT MANAGER PAULA PALYA, Unit Manager, LIEUTENANT ROBERT KENNEDY, RHU/ Capital Case Lieutenant; sued in defendants individual and official capacities, Defendants

Page 777

THURMAN MEARIN, Plaintiff, Pro se, Waynesburg, PA.

NATHAN RILEY, Plaintiff, Pro se, Waynesburg, PA.

For CARLA SWARTZ, Unit Manager, MAJOR L. WINFIELD, Major of Unit Management, LOUIS FOLINO, Superintendent, DORINA VARNER, Chief Grievance Officer, L-5 UNIT MANAGER PAUL PALYA, Unit Manager, LIEUTENDANT ROBERT KENNEDY, RHU/Capital Case Lieutenant; sued in defendants individual and official capacties, Defendants: Mary Lynch Friedline, LEAD ATTORNEY, Office of Attorney General, Pittsburgh, PA.

For [FIRST NAME UNKNOWN] TOMSON, C.O. 1, [FIRST NAME UNKNOWN] WILLIAMS, C.O.1, LIEUTENANT D. P. MEIGHEN, C.O.3, [FIRST NAME UNKNOWN] GREENWALL, C.O.1, [FIRST NAME UNKNOWN] RENERA, C.O.2, SGT. [FIRST NAME UNKNOWN] FEARIA, C.O.2, [FIRST NAME UNKNOWN] OVER, C.O.1, Defendants: Mary Lynch Friedline, LEAD ATTORNEY, Office of Attorney General, Pittsburgh, PA.

Nora Barry Fischer, United States District Judge. Honorable Maureen P. Kelly, United States Magistrate Judge.

OPINION

Nora Barry Fischer, United States District Judge

Page 778

ORDER

AND NOW, this 12th day of June, 2013, after Plaintiffs Thurman Mearin and Nathan Riley filed an action in the above-captioned case, and after a Motion to Dismiss Plaintiff's Amended Complaint was submitted on behalf of Defendants, and after a Report and Recommendation was filed by the United States Magistrate Judge and the parties were granted until June 7, 2013, to file written objections thereto, and upon consideration of the objections filed by Plaintiffs, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,

IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiffs' Amended Complaint, ECF No. 59, is granted in part and denied in part as follows: the Motion is granted as to Plaintiff Mearin's Eighth Amendment claims revolving around his exposure to ETS brought against Defendants Winfield, Folino, Tomson, Williams, Meighen, Greenwall, Renera, Fearia and Varner; as to Plaintiff Riley's Eight Amendment ETS claims brought against Defendants Folino and Palya; as to both Plaintiffs' Eighth Amendment claims revolving around an alleged " snitch policy" brought against all Defendants; and as to both Plaintiffs' First Amendment claims brought against all Defendants; the Motion is denied as to Plaintiff Mearin's Eighth Amendment ETS claims brought against Defendants Swartz and Palya and as to Plaintiff Riley's Eighth Amendment ETS claims brought against Defendants Swartz, Kennedy and Over.


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