Burk v. Long

Full title: ISHMAEL ALI BURK, Plaintiff, v. MS. LONG, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Jun 10, 2022

1:20-CV-02179 (M.D. Pa. Jun. 10, 2022)

Opinion

1:20-CV-02179

06-10-2022

ISHMAEL ALI BURK, Plaintiff, v. MS. LONG, et al., Defendants.

MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE.

ORDER

MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE.

AND NOW, this 10^th day of June 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion (Doc. 56) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part, as follows:

a. Defendants' motion is GRANTED as to Burk's First and Second Amendment claims as against all Defendants. Those Section 1983 claims will be dismissed with prejudice.

b. Defendants' motion is DENIED in all other respects.

2. This case will proceed on the following Eighth Amendment claims: (1) failure to protect against Long; (2) deliberate indifference to serious medical needs against Long and Fisher; and (3) excessive force against Fisher and Miller.