Betts v. Varner

Full title: TASAI BETTS, Plaintiff, v. D. VARNER, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Mar 31, 2022

1:21-CV-01309 (M.D. Pa. Mar. 31, 2022)

Opinion

1:21-CV-01309

03-31-2022

TASAI BETTS, Plaintiff, v. D. VARNER, et al., Defendants.

Matthew W. Brann Chief United States District Judge.

ORDER

Matthew W. Brann Chief United States District Judge.

AND NOW, this 31^st day of March 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion for partial dismissal, Doc. 9, is DENIED.

2. Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii):

a. Betts' Fourth Amendment claim is DISMISSED with prejudice.

b. Betts' First Amendment “interference” claim, which is liberally construed as an access-to-courts claim, is DISMISSED without prejudice.

c. Betts' First Amendment retaliation claim against defendant Wertz is DISMISSED without prejudice.

d. All Section 1983 claims against all Defendants in their official capacities are DISMISSED with prejudice.

3. Betts, if desired, may file an amended complaint in conformity with the accompanying Memorandum Opinionwithin 21 days of the date of this Order, or on before April 21, 2022.

4. If no amended complaint is timely filed, this case will proceed on the following two claims: (1) First Amendment retaliation against defendants J. McCloskey and Eberling in their individual capacities only; (2) state-law negligence against defendants Varner, Kauffman, J. McCloskey, Grassmyer, Wertz, and Wakefield.