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Jones v. Wetzel

United States District Court, Third Circuit

January 27, 2014

MARCELLUS A. JONES, Plaintiff
v.
JOHN WETZEL, ET AL., Defendants.

ORDER

MATTHEW W. BRANN, District Judge.

In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. Defendants' unopposed motion to dismiss (Doc. 11) is PARTIALLY GRANTED.
2. Jones' damage claims brought against the individual Defendants in their official capacities are DISMISSED as being barred by the Eleventh Amendment.
3. Superintendent Wetzel, Chief Grievance Officer Varner, Superintendent Bickell, Captains Walters and Harris are GRANTED entry of dismissal on the basis of lack of personal involvement.
4. Defendant Showalter's request for dismissal on the basis of lack of personal involvement and the request to dismiss the excessive force claims are DENIED.
5. Dismissal is GRANTED with respect to Plaintiff's claims of denial of personal hygiene products, and conspiracy.
6. Plaintiff's ADA and negligence claims are sua sponte DISMISSED.
7. The excessive force claims against Defendants Showalter, Long, Fogle, Cherry, Boal and Nelson will proceed.

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