Opinion
4:21-CV-01793
04-28-2022
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.