Burk v. Runk

Full title: ISHMAEL AIL BURK, SR., Plaintiff, v. J. RUNK, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Dec 28, 2021

1:19-CV-01358 (M.D. Pa. Dec. 28, 2021)

Opinion

1:19-CV-01358

12-28-2021

ISHMAEL AIL BURK, SR., Plaintiff, v. J. RUNK, et al., Defendants.

(BRANN, CHIEF JUDGE)

ORDER

(BRANN, CHIEF JUDGE)

AND NOW, this 28^th day of December 2021, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion (Doc. 77) for summary judgment pursuant to Federal Rule of Civil Procedure 56 is GRANTED in part and DENIED in part, as follows:

a. The motion is GRANTED with respect to Plaintiff's Section 1983 Eighth Amendment claims of deliberate indifference to serious medical needs as to all Defendants.

b. The motion is GRANTED with respect to Plaintiff's Section 1983 Eighth Amendment claim of failure to protect against defendant Dreibelbis.

c. The motion is DENIED with respect to Plaintiff's Section 1983 Eighth Amendment failure-to-protect claims against defendants Runk, Greene, Treaster, Harper, Eichenlaub, and Luther.

2. Entry of judgment in accordance with the above paragraph is DEFERRED pending disposition of the remaining claims in this case.