Burke v. Barr

Full title: ROBERT OTIS BURKE, Plaintiff, v. ETHAN BARR, et al., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Feb 23, 2024

5:22-cv-3464 (E.D. Pa. Feb. 23, 2024)

Opinion

5:22-cv-3464

02-23-2024

ROBERT OTIS BURKE, Plaintiff, v. ETHAN BARR, et al., Defendants.

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

AND NOW, this 23^rd day of February, 2024, for the reasons set forth in the Opinion issued this date, Defendants' Motion to Dismiss, see ECF No. 51, is GRANTED in part and DENIED in part as follows. IT IS HEREBY ORDERED THAT:

1. Count I Excessive Force is DISMISSED with prejudice as to Defendants Martin, Leath, Mengistaeb, Wendling, Steberger, Hackler, Aberts, Chirchello, Cora, and Jenkins;

2. Count I Intentional Infliction of Emotional Distress is DISMISSED with prejudice as to Defendants Lancaster County Prison, Steberger, Hackler, Aberts, Chirchello, and Jenkins;

3. Count II Excessive Force is DISMISSED with prejudice as to Steberger, Hackler, Aberts, Chirchello, Cora, and Jenkins.

4. Count III “Conditions of Confinement” is DISMISSED without prejudice as to Fischer.

5. Count IV is DISMISSED with prejudice as to Lancaster County Prison and Defendant Steberger.

6. In all other respects, the Motion is DENIED.^{[ 1}

1 For clarity's sake, all that remains is: Count I Excessive Force, Assault and Battery against Defendant Mitchell; Count II: Excessive Force, First Amendment Retaliation, Assault and Battery against Defendant Barr; and Count III First Amendment Retaliation against Defendant Fischer.

7. Within twenty (20) days of the date of this Order, Plaintiff may file an amended complaint as to any claims dismissed without prejudice.