Quick v. Gimble

Summary

The United States District Court for the Middle District of Pennsylvania partially grants defendant's motion to dismiss in a prisoner civil rights action. The court dismisses the plaintiff's Fifth and Fourteenth Amendment claims without prejudice under the more-specific-provision rule, permits an Eighth Amendment excessive-force claim to proceed, grants leave to amend, and deems the plaintiff's motion to suppress evidence withdrawn.

Holdings

1. The Fifth and Fourteenth Amendment claims must be dismissed because the alleged constitutional violations are coextensive with the Eighth Amendment excessive-force claim and therefore are governed by the more-specific-provision rule.
2. The allegations that Gimble pepper-sprayed Quick were sufficient at the pleading stage to state an Eighth Amendment excessive-force claim.
3. Quick was granted leave to file an amended complaint clarifying whether he intended to assert constitutional claims against defendants other than Gimble.

Questions Presented

1. Whether Quick's allegations stated claims under the Fifth and Fourteenth Amendments in addition to an Eighth Amendment excessive-force claim.
2. Whether Quick should be granted leave to amend to clarify the defendants against whom he intended to assert claims.
3. Whether Quick's motion to suppress evidence should be deemed withdrawn for failure to file a supporting brief.

Disposition

dismissed