Summary
The United States District Court for the Western District of Pennsylvania adopts a magistrate judge’s Report and Recommendation after the parties filed no objections. The court grants in part and denies in part the defendants’ partial motion to dismiss, dismissing with prejudice various Eighth Amendment, Fourteenth Amendment, conversion, PREA, and retaliation claims while allowing specified First Amendment retaliation claims to proceed. The court reinstates Sergeant O’Donnell and grants Plaintiff leave to file a Third Amended Complaint by April 30, 2026.
Court
United States District Court for the Western District of Pennsylvania
Jurisdiction
United States District Court for the Western District of Pennsylvania
Decision date
March 31, 2026
Docket number
2:24-cv-01216
Disposition
other
Questions Presented
- What standard of review applies when no party objects to a magistrate judge's Report and Recommendation?
- Whether the pleaded Eighth Amendment conditions-of-confinement and sexual-harassment claims should be dismissed.
- Whether the pleaded Fourteenth Amendment due-process claims adequately alleged a protected liberty interest or conscience-shocking conduct.
- Whether the state-law conversion claim is barred by sovereign immunity.
- Whether the PREA creates a private right of action.
- Whether the First Amendment retaliation claims were adequately pleaded against the remaining defendants and whether amendment should be permitted.
Holdings
- When no timely objections are filed to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for plain error or clear error on the face of the record.
- The First Amendment retaliation claims could proceed against Defendants O'Donnell, Hollis, Costanza, Muntz, and Weiss, while the claims against Cowen and Kristie were dismissed with prejudice.
- The Eighth Amendment claim concerning the Department of Corrections' use of Administrative Custody was dismissed with prejudice.
- The remaining Eighth Amendment claim against Defendant McGuire was dismissed because allegations of sexual harassment without physical or sexual contact do not implicate the Eighth Amendment.
- The allegations that Plaintiff endured 30 days of cell restriction and lost his employment did not establish a protected liberty interest or conscience-shocking conduct sufficient to state a Fourteenth Amendment claim.
- The state-law conversion claim against Defendant Weiss was dismissed with prejudice because it was barred by sovereign immunity.
- The Prison Rape Elimination Act does not create a private right of action, so Plaintiff's PREA claim was dismissed.
Court Document
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