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Stafford v. Wetzel

United States District Court, Middle District of Pennsylvania

February 5, 2015

DEON C. STAFFORD, SR., Plaintiff
v.
JOHN WETZEL, ET AL., Defendants

ORDER

Matthew W. Brann, United States District Judge.

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

1. Defendants’ motion to dismiss less than all the claims raised in the Amended Complaint (Doc. 25) is PARTIALLY GRANTED.
2. Dismissal is GRANTED in favor of Original Defendant SCI-Dallas Deputy Superintendent Lawrence Mahally and with respect to the damage claims against the Defendants in their official capacities.
3. Plaintiff’s claims of unconstitutional denial of access to the court and verbal harassment are DISMISSED with the exception of the allegations that those actions were part of retaliatory mistreatment by the Remaining Defendants.
4. Dismissal is also GRANTED with respect to the allegations of due process and equal protection violations.
5. Plaintiff’s claims of retaliatory mistreatment which included cell searches, cell transfers, verbal abuse and confiscation of legal materials will proceed.

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