Cooper v. Wetzel

Full title: BRUCE X. COOPER, Plaintiff, v. JOHN WETZEL, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Jul 6, 2023

4:21-CV-01793 (M.D. Pa. Jul. 6, 2023)

Opinion

4:21-CV-01793

07-06-2023

BRUCE X. COOPER, Plaintiff, v. JOHN WETZEL, et al., Defendants.

Matthew W. Brann Chief United States District Judge

ORDER

Matthew W. Brann Chief United States District Judge

AND NOW, this 6^th day of July 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion (Doc. 49) for summary judgment pursuant to Federal Rule of Civil Procedure 56 is GRANTED in part and DENIED in part, as follows:

a. Defendants' motion is GRANTED as to Cooper's Eighth Amendment conditions-of-confinement claim against defendant John Wetzel.

b. Defendants' motion is GRANTED in part as to the scope of the conditions-of-confinement claim against defendant Kevin Ransom, as specified in the accompanying Memorandum.

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

2. Entry of judgment in accordance with paragraph one above shall be deferred pending resolution of Cooper's remaining Eighth Amendment conditions-of-confinement claim against Ransom.

3. Pursuant to Defendants' November 15, 2022 motion¹ and this Court's November 18, 2022 Order,² Ransom shall have 30 days from the date of today's Order to file a second motion for summary judgment addressing the merits of the remaining Eighth Amendment claim against him.

1 Doc. 52.

2 Doc. 59.

4. The Clerk of Court is directed to terminate defendant John Wetzel.