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Povish v. Pennsylvania Department of Corrections

United States District Court, E.D. Pennsylvania

August 20, 2014

REVEREND ROBERT W. POVISH, Plaintiff,
v.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL, in his official capacity as Secretary of the Pennsylvania Department of Corrections, MICHAEL WENEROWICZ, in both his official capacity as Superintendent of the State Correctional Institution at Graterford, and in his individual capacity, and MICHAEL ROMASCAVAGE, in both his official capacity as personnel officer of the State Correctional Institution at Graterford, and in his individual capacity, Defendants.

ORDER

JEFFREY L. SCHMEHL, District Judge.

AND NOW, this 19th day of August, 2014, upon consideration of Defendants' second Motion to Dismiss for Failure to State a Claim (Docket #34), Plaintiff's response, and all supporting papers, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART as follows:

1. Count I is dismissed with prejudice.
2. Count II is not dismissed, though Defendants may continue to assert qualified immunity at a later stage of the case.
3. Count III is dismissed with prejudice.[1]

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