From Casetext: Smarter Legal Research

Cooper v. Wetzel

United States District Court, Middle District of Pennsylvania
Apr 28, 2022
4:21-CV-01793 (M.D. Pa. Apr. 28, 2022)

Opinion

4:21-CV-01793

04-28-2022

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


ORDER

Matthew W. Brann Chief United States District Judge

AND NOW, this 28th day of April 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), Doc. 4, is GRANTED in part and DENIED in part, as follows:

a. Cooper's Eighth Amendment conditions-of-confinement claim under 42 U.S.C. § 1983 against defendant Erin Brown is DISMISSED with prejudice for failure to state a claim upon which relief may be granted.
b. Cooper's state-law negligence claims against defendants John Wetzel and Kevin Ransom are DISMISSED with prejudice as they are barred by state statutory sovereign immunity.
c. Defendants' motion to dismiss is DENIED in all other respects.

2. This case will proceed on Cooper's Section 1983 Eighth Amendment conditions-of-confinement claim against defendants Wetzel and Ransom only.

3. The Clerk of Court is directed to terminate defendant Erin Brown.


Summaries of

Cooper v. Wetzel

United States District Court, Middle District of Pennsylvania
Apr 28, 2022
4:21-CV-01793 (M.D. Pa. Apr. 28, 2022)
Case details for

Cooper v. Wetzel

Case Details

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

Court:United States District Court, Middle District of Pennsylvania

Date published: Apr 28, 2022

Citations

4:21-CV-01793 (M.D. Pa. Apr. 28, 2022)