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Harper v. United States

United States District Court, M.D. Pennsylvania

May 1, 2014

EAZS HARPER, Plaintiff
v.
UNITED STATES OF AMERICA, et al., Defendants.

ORDER

WILLIAM J. NEALON, District Judge.

NOW, THIS 1st DAY OF MAY, 2014, for the reasons set forth in the Memorandum issued this date, IT IS HEREBY ORDERED THAT:

1. The Report and Recommendation, (Doc. 43), is ADOPTED in part;
2. Plaintiff's objections, (Doc. 44), to the R&R are OVERRULED in part;
3. Plaintiff's motion to amend, (Doc. 47), which requests leave to amend/correct his brief in opposition to the summary judgment motion as reflected in Document 48 is GRANTED;
4. Defendants' motion to dismiss and/or, in the alternative, for summary judgment, (Doc. 21), is GRANTED in part;
A. Defendants' motion for summary judgment on the Eighth Amendment and FTCA claims is DENIED;
B. Defendants' motion for summary judgment on the injunctive relief claim is GRANTED;
C. Defendants Samuels and Thomas are DISMISSED and TERMINATED as parties to this action;
D. The official capacity claims against Defendants Bledsoe, Young, and Hudson are DISMISSED;
E. The individual capacity claims against Defendants Bledsoe and Young are DISMISSED, and they are TERMINATED as parties to this action;
F. Defendants' motion for summary judgment based on the lack of personal involvement of Defendants Hudson, Snider, Gemberling, and Contri is DENIED;
G. Defendants' motion for summary judgment based on qualified immunity is DENIED as premature;
5. Plaintiff SHALL file an amended complaint, consistent with the Memorandum, within twenty (20) days of the date of this Order;
6. Plaintiff's motion for an extension of time, (Doc. 51), is DENIED as moot;
7. This case is REMANDED to Magistrate Judge Mehalchick for further proceedings; and
8. Any appeal will be deemed frivolous, lacking merit, and not taken in good faith.

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