Opinion
1:20-CV-00148-RAL
02-08-2022
MANUEL BAEZ, Plaintiff v. C/O FROELICH, C/O ROSENBERG, SGT. WATTSON, LT. DUBE, LT. BEDNORO, MS. LUCAS, PSYCHIATRIST; PATRICIA THOMPSON, MAJOR OF MANAGEMENT; EARL JONES, DEPUTY; BRYAN E. FLINCHBAUGH, DEPUTY; M. CLARK, FACILITY MANAGER; AND DORINA VARNER, GRIEVANCE CHIEF, Defendants
ORDER ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT ECF NO. 90
RICHARD A. LANZILLO UNITED STATES MAGISTRATE JUDGE
ORDER As explained in the Court's Memorandum Opinion filed this day, the Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Specifically, the motion is
1. DENIED as to Plaintiffs Eighth Amendment deliberate indifference to serious mental health needs claim against Defendant Froehlich based on his alleged providing of razors to Plaintiff and his allegedly encouraging the Plaintiff to commit suicide;
2. DENIED as to the Eighth Amendment excessive force claim against Defendant Bednoro relating to the use of pepper spray; and
3. GRANTED as to all other claims asserted in Plaintiffs Amended Complaint, which claims are hereby DISMISSED with prejudice.
An order setting pretrial deadlines concerning the surviving claims against Defendants Froehlich and Bednoro will issue separately. 1