BROWN v. BLAIR COUNTY PRISON et al
| Pennsylvania Western District Court | |
| Judge: | William S Stickman |
| Case #: | 3:23-cv-00126 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983pr Prisoner Civil Rights |
| Case Filed: | Jun 13, 2023 |
Defendant
ABBIE TATE
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Defendant
BLAIR COUNTY PRISON
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Defendant
DAVE FOGLE
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Defendant
ENUMERATED UNKNOWN
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Defendant
JACOB WAGNER
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Defendant
NATHANIEL PORT
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Defendant
PRESTON PARKER
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Defendant
SHAUN EDMUNDSON
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Defendant
STEPHEN JACOBS
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Defendant
UNKNOWN DOE
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Plaintiff
BRONSON L. BROWN
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GPO
May 31 2024
REPORT AND RECOMMENDATION that the 23 motion to dismiss filed by Defendants Nathaniel Port, Dave Fogle, Stephen Jacobs, and Jacob Wagner be granted as to Plaintiff's Fourth Amendment, Fifth Amendment, and Sixth Amendment claims, as well as to his retaliation and intentional infliction of emotional distress claims. Further, it is recommended that Defendants' motion to dismiss be denied as to Plaintiff's Eighth Amendment and respondeat superior claims. Thus, at this stage, we do not recommend that the Court grant qualified immunity to any defendant, but, rather, permit Plaintiff thirty days to amend his pleading to further describe in specific detail how each named defendant is involved in the alleged constitutional violations. Plaintiff's further amended pleadings, if any, should follow Federal Rule of Civil Procedure 8, General Rules of Pleading, and include references to relevant dates, times, and locations. Objections to R&R due by 6/14/2024. Objections to R&R for Unregistered ECF Users due by 6/17/2024. Signed by Magistrate Judge Kezia O. L. Taylor on 05/31/2024. (jmb) |
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GPO
Aug 05 2024
AMENDED REPORT AND RECOMMENDATION that the 23 Motion to Dismiss filed by Defendants Nathaniel Port, Dave Fogle, Stephen Jacobs, and Jacob Wagner be granted as to Plaintiff's Fourth Amendment, Fifth Amendment, and Sixth Amendment claims, as well as to his retaliation and intentional infliction of emotional distress claims. Further, it is recommended that Defendants' motion to dismiss be denied as to Plaintiff's Eighth Amendment and supervisors personal involvement claims. Thus, at this stage, we do not recommend that the Court grant qualified immunity to any defendant, but, rather, permit Plaintiff thirty days to amend his pleading to further describe in specific detail how each named defendant is involved in the alleged constitutional violations. Plaintiff's further amended pleadings, if any, should follow Federal Rule of Civil Procedure 8, General Rules of Pleading, and include references to relevant dates, times, and locations. Objections to R&R due by 8/19/2024. Objections to R&R for Unregistered ECF Users due by 8/22/2024. Signed by Magistrate Judge Kezia O. L. Taylor on 08/05/2024. (jmb) |
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GPO
Mar 05 2025
ORDER ADOPTING 35 Amended Report and Recommendation as the Opinion of the Court. 23 Motion to Dismiss the Amended Complaint is GRANTED IN PART and DENIED IN PART. Signed by Judge William S. Stickman on 03/05/25. A copy of this order will be mailed to Plaintiff this day, 03/05/25. (eca) |
| Docket last updated: 3 hours ago |
| Tuesday, May 13, 2025 | ||
| 53 | 53
order
Order Response/Briefing Schedule
Tue 05/13 10:26 AM
ORDER - In light of Plaintiff's recent change of address, the Clerk of Court is directed to remail to Plaintiff the Orders dated April 21, 2025 at ECF Nos. 48 & 49. Furthermore, no later than May 15, 2025, Defendants are directed to remail their Motion to Dismiss and Brief in Support thereof at ECF Nos. 44 & 45, as well as the Answer at ECF No. 46, to Plaintiff at his new address of record. A new deadline for Plaintiff to respond to Defendants' Motion to Dismiss is set for June 13, 2025. Signed by Magistrate Judge Kezia O. L. Taylor on May 13, 2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kcb) |
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