Wenhold v. Markle

Full title: JORDAN DEAN WENHOLD, Plaintiff, v. C.O. MARKLE, Defendant.

Court: United States District Court, Middle District of Pennsylvania

Date published: Nov 7, 2023

4:22-CV-00985 (M.D. Pa. Nov. 7, 2023)

Opinion

4:22-CV-00985

11-07-2023

JORDAN DEAN WENHOLD, Plaintiff, v. C.O. MARKLE, Defendant.

Matthew W. Brann, Chief United States District Judge

ORDER

Matthew W. Brann, Chief United States District Judge

AND NOW, this 7^th day of November 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendant Corrections Officer Robert Markle's motion (Doc. 18) for summary judgment pursuant to Federal Rule of Civil Procedure 56 is GRANTED.

2. The Clerk of Court is directed to enter judgment in favor of Markle and against Plaintiff Jordan Dean Wenhold as to Wenhold's Section 1983 Eighth Amendment excessive force claim.

3. Wenhold's state-law negligence claim is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted, as it is barred by state statutory sovereign immunity.

4. The Clerk of Court is further directed to CLOSE this case.