Opinion
CIVIL 3:22-cv-1538
05-06-2024
DERRICK GIBSON, Plaintiff v. SUPERINTENDENT BERNADETTE MASON, et al., Defendants
ORDER
Mariani Judge
AND NOW, this 6th day of May, 2024, upon consideration of the Corrections Defendants' motion (Doc. 68) to dismiss, and the parties' respective briefs in support of and in opposition to said motion, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 68) is GRANTED in part and DENIED in part as follows.
2. The motion to dismiss the Eighth Amendment excessive force claim is DENIED.
3. The motion to dismiss Plaintiffs medical malpractice claim for failure to file a certificate of merit is DENIED without prejudice to refiling upon compliance with PA. R. CIV. P. 1042.6.
4. The motion to dismiss the Eighth Amendment inadequate medical care claim against Wagner, Mayernick, Derr, Swartz, Lear, and Rodak is GRANTED.
5. The motion to dismiss the failure to protect/failure to intervene claim, retaliation claim, conspiracy claim, and conditions of confinement claim related to the prison cell conditions is GRANTED.
6. The motion to dismiss the supervisory liability claim against Mason and Stetler is GRANTED.
7. The motion to dismiss the state law claim for intentional infliction of emotional distress is GRANTED.
8. The claims against Benjamin Liebersohn are DISMISSED.
9. The Corrections Defendants shall file an answer, or appropriate pretrial motion, in the manner set forth in the Federal Rules of Civil Procedure.
10. Any appeal from this Order is deemed frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).