Bingham v. Harner

Full title: ANDREW NATHANIEL BINGHAM, Plaintiff v. SHAWN HARNER, BERNARD…

Court: United States District Court, Middle District of Pennsylvania

Date published: Mar 6, 2024

CIVIL 3:23-cv-1357 (M.D. Pa. Mar. 6, 2024)

Opinion

CIVIL 3:23-cv-1357

03-06-2024

ANDREW NATHANIEL BINGHAM, Plaintiff v. SHAWN HARNER, BERNARD WOJCIECHOWSKI, CHRIS GORKI, JUSTIN GIBBONS, LIEUTENANT DAVIS Defendants

ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE.

ORDER

ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE.

AND NOW, this 6^th day of March, 2024, upon consideration of Defendants' motion (Doc. 11) to dismiss, and the parties' respective briefs in support of and in opposition to said motion, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. The motion (Doc. 11) is GRANTED in part and DENIED in part.

2. The motion to dismiss the excessive force claim against Defendants Harner, Wojciechowski, and Gorki is DENIED.

3. Defendants Harner, Wojciechowski, and Gorki shall FILE an answer in accordance with the Federal Rules of Civil Procedure.

4. The Eighth Amendment failure to intervene claim is DISMISSED without prejudice and with leave to amend. On or before March 19,2024, Plaintiff may file an amendment only with respect to this Eighth Amendment failure to intervene claim against Defendants Davis and Gibbons.

5. Any appeal from this Order is deemed frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).