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Hill v. Knapp

United States District Court, Third Circuit

August 21, 2013

VERNON HILL, Plaintiff,
v.
LT. KNAPP, ET AL., Defendants.

ORDER RE: MOTION TO DISMISS

Michael M. Baylson, U.S.D.J.

And NOW, , having reviewed Defendants’ Motion to Dismiss (ECF No.10) and Plaintiff’s responses thereto (ECF Nos. 11 & 12), it is ORDERED that:

1. Plaintiff’s official capacity claims are DISMISSED;
2. Plaintiff’s claims of racial discrimination are DISMISSED without prejudice pursuant to the Prison Litigation Reform Act because they were not raised in administrative proceedings;
3. Defendants’ motion to dismiss Plaintiff’s procedural due process claim, considered in the light most favorable to Plaintiff, is DENIED and discovery shall proceed on this claim only at this time.

If Plaintiff wishes to amend or supplement his complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure, he shall promptly file such a motion.


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