Manson v. Vogt

Full title: MALIK MANSON, Plaintiff v. LIEUTENANT VOGT, Defendant

Court: United States District Court, Middle District of Pennsylvania

Date published: Nov 30, 2023

CIVIL 3:23-cv-204 (M.D. Pa. Nov. 30, 2023)

Opinion

CIVIL 3:23-cv-204

11-30-2023

MALIK MANSON, Plaintiff v. LIEUTENANT VOGT, Defendant

Egbert D. Mariani, United States District Judge

ORDER

Egbert D. Mariani, United States District Judge

AND NOW, this 30th day of November, 2023, upon consideration of Defendant's motion (Doc. 12) to dismiss, and the parties' respective briefs in support of and opposition to said motion, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. The motion (Doc. 12) is GRANTED in part and DENIED in part.

2. The motion is GRANTED as follows:

a. The Eighth Amendment conditions of confinement claim concerning the unsanitary cell conditions is DISMISSED.

3. The motion is DENIED as follows:

a. The Eighth Amendment conditions of confinement claim concerning exposure to OC spray shall PROCEED.

b. Defendant shall FILE an appropriate pretrial motion in the manner set forth in the Federal Rules of Civil Procedure.

4. On or before December 14, 2023, Defendant shall FILE a response to Plaintiff's motion (Doc. 16) to compel discovery.

5. Any appeal from this Order is DEEMED frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).