Opinion
Civil Action No. 15-174
07-12-2017
ORDER ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE IN PART
The Court, having considered the Report and Recommendation of Magistrate Judge Susan Paradise Baxter, and the balance of record, HEREBY ORDERS as follows:
(1) The Court ADOPTS the Report and Recommendation [Doc. No. 58].
(2) Plaintiffs' claims against all Defendants in their official capacities are DISMISSED.
(3) Plaintiffs' Eighth Amendment claim against Defendants Bashor, Phillips, Arnold, Putman, Brown, Mulligan, Newell, Walters, and DiRaimo is DISMISSED.
(4) Plaintiffs' Fourteenth Amendment claim against all Defendants is DISMISSED.
(5) Defendants' motion to dismiss Plaintiff Torres's retaliation claim against Basher, Phillips, Walters, Arnold, Putman, Brown, Mulligan, and Newell is DENIED.
(6) Defendants Pernell, Fitzgerald, Scutella, Martin, Giroux, Clark, Smith, Adams, and Szelewski are TERMINATED from this case.
(7) The Clerk shall send copies of this Order to the parties.
IT IS SO ORDERED.
DATED this 12th day of July, 2017.
/s/_________
BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE