Opinion
Civil Action No. 16-245 Erie
07-21-2017
LARRIE D. JEFFERSON, Plaintiff, v. JOHN E. WETZEL, et al., Defendants.
ORDER ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having considered the Report and Recommendation of Magistrate Judge Susan Paradise Baxter, there being no objections thereto, and the balance of record, HEREBY ADOPTS the Report and Recommendation. Defendants' motion to dismiss [ECF No. 15] is GRANTED IN PART and DENIED IN PART as follows:
(1) The motion to dismiss Plaintiff's Eighth and Fourteenth Amendment claims against Defendants Wetzel, Varner, Giroux, Clark, Meure and Scott-Clausen (Counts III, IV, V, IX, X (except as to Defendant Behringer), XI, XII, XIII and XIV) is GRANTED.
(2) Defendants' motion to dismiss Plaintiff's claim for intentional infliction of emotional distress (Count VIII), as alleged against Defendants Wetzel, Varner, Giroux, Clark, Meure and Scott-Clausen, is GRANTED.
(3) Defendants' motion to dismiss Plaintiff's claims for assault and battery, harassment and intentional infliction of emotional distress (Counts VI, VII and VIII), alleged against Defendant Behringer is DENIED.
(4) Defendants Wetzel, Varner, Giroux, Clark, Meure and Scott are terminated from the docket.
IT IS SO ORDERED.
DATED this 21st day of July, 2017.
/s/_________
BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE