Johnson v. Fisher

Full title: ZYKEEM JOHNSON, Plaintiff, v. B. FISHER, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Aug 16, 2022

1:20-CV-02137 (M.D. Pa. Aug. 16, 2022)

Opinion

1:20-CV-02137

08-16-2022

ZYKEEM JOHNSON, Plaintiff, v. B. FISHER, et al., Defendants.

MATTHEW W. BRANN, CHIEF, DISTRICT JUDGE

ORDER

MATTHEW W. BRANN, CHIEF, DISTRICT JUDGE

AND NOW, this 16^th day of August 2022, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:

1. Defendants' motion (Doc. 13) 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 Johnson's Eighth Amendment failure-to-protect claim against defendants B. Fisher and Deputy Superintendent Rivello.

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

2. Entry of judgment in accordance with paragraph one above shall be deferred pending resolution of Johnson's remaining Eighth Amendment failure-to-protect claims against defendants Yoder, Killinger, and Shope.

3. Johnson's state-law negligence claims against all Defendants are DISMISSED for lack of subject matter jurisdiction, as those claims are barred by state statutory immunity.