Royster v. Beard

Full title: TELLY ROYSTER, Plaintiff, v. Secretary BEARD, et al., Defendants

Court: United States District Court, M.D. Pennsylvania

Date published: Sep 26, 2007

CIVIL NO. 3:CV-05-2063 (Judge Caputo) (M.D. Pa. Sep. 26, 2007)

Opinion

CIVIL NO. 3:CV-05-2063 (Judge Caputo).

September 26, 2007

ORDER

A. CAPUTO, District Judge

AND NOW, this 24^th day of September, 2007, IT IS HEREBY ORDERED THAT Defendants' Motion to Dismiss (Doc. 49) is DENIED in part and GRANTED in part as follows:

1. Defendants' Motion is GRANTED as to the following claims made by Plaintiff in his amended complaint (Doc. 23):

a. Plaintiff's claim that he was deprived of basic human needs (Doc. 23 at ¶¶ 33-36);

b. Plaintiff's claim that his due process rights were violated through the application of DC-709 and DC-ADM 801 (Doc. 23 at ¶¶ 40-42); and

c. Plaintiff's claim that Defendants conspired to cover up violations of Plaintiff's Eighth Amendment rights (Doc. 23 at ¶¶ 37-39).

The foregoing claims are DISMISSED with prejudice.

2. Defendants' Motion is DENIED as to the following claims made by Plaintiff in his amended complaint (Doc. 23):

a. Plaintiff's claim regarding the use of excessive force (Doc. 23 at ¶¶ 11-22); and

b. Plaintiff's claim that he was denied adequate medical care (Doc. 23 at ¶¶ 23-32).