Opinion
CIVIL 1:22-CV-01173
07-25-2023
CHRISTOPHER WHITE, Plaintiff, v. TUCKER FREY, et al., Defendants.
ORDER
JENNIFER P. WILSON UNITED STATES DISTRICT JUDGE MIDDLE DISTRICT OF PENNSYLVANIA
AND NOW, on this 25th day of July, 2023, for the reasons stated in the accompanying memorandum, IT IS ORDERED AS FOLLOWS:
1. Defendants' motion to dismiss the complaint for failure to state a claim, Doc. 20, is GRANTED in part and DENIED in part.
2. The Eighth Amendment claim is DISMISSED with prejudice.
3. The deliberate indifference to a serious medical need claims against Defendants Murphy and Fox are DISMISSED without prejudice.
4. The excessive force claim against Defendants Frey and Thomas is not dismissed.
5. The excessive force claim against Defendant Gehr is DISMISSED without prejudice.
6. The claims against Lycoming County are DISMISSED without prejudice.
7. The First Amendment retaliation claim against Defendant Frey is not dismissed.
8. All other First Amendment claims are DISMISSED without prejudice.
9. All Fourth Amendment claims are DISMISSED without prejudice.
10.All Sixth Amendment claims are DISMISSED without prejudice.
11.All claims under the Pennsylvania Constitution are DISMISSED without prejudice.
12. Defendants' request to strike Plaintiff's prayer for punitive damages is DENIED.
13.Petitioner is granted leave to file an amended complaint. He shall file an amended complaint within thirty (30) days of the date of this order.
If Plaintiff does not wish to amend the complaint, he may file a notice stating that he intends to stand on the complaint. If Plaintiff files such notice, the court will proceed on the remaining claims. See Weber v. McGrogan, 939 F.3d 232, 241 (3d Cir. 2019).
14.The Clerk of the Court will forward Petitioner two (2) copies of the court's civil complaint form for his use in drafting the amended complaint.