McKee v. Groth

Full title: JAMEY MCKEE, Plaintiff, v. M. GROTH, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Jan 10, 2024

4:23-CV-00181 (M.D. Pa. Jan. 10, 2024)

Opinion

4:23-CV-00181

01-10-2024

JAMEY MCKEE, Plaintiff, v. M. GROTH, et al., Defendants.

MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE

ORDER

MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE

AND NOW, this 10^th day of January 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion (Doc. 14) for partial dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED.

2. Plaintiff's First Amendment retaliation claims are DISMISSED against defendants Groth and Lytle for failure to state a claim upon which relief may be granted.

3. Plaintiff's Eighth Amendment excessive force claims are DISMISSED against all Defendants for failure to state a claim upon which relief may be granted.

4. Plaintiff's official capacity claims are DISMISSED against all Defendants for failure to state a claim upon which relief may be granted and for seeking monetary relief against a defendant who is immune from such relief.

5. This case shall proceed on Plaintiff's Section 1983 claim alleging First Amendment retaliation against defendants McCusker and Anna in their individual capacities only.

6. The Clerk of Court is directed to terminate defendants Groth and Lytle.

7. Defendants McCusker and Anna shall file an appropriate responsive pleading pursuant to the Federal Rules of Civil Procedure.