The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRONSON L. BROWN,
Plaintiff, Civil Action No. 3:23-cv-126
v. Hon. William S. Stickman IV
Hon. Kezia O. L. Taylor
BLAIR COUNTY PRISION, ez al,
Defendants.
ORDER OF COURT
Pro se Plaintiff Bronson L. Brown (“Brown”) brought this civil rights action for events
that occurred on December 22, 2022, and on other unidentified dates, while he was a pretrial
detainee in the Blair County Prison. (ECF No. 16). Defendants Nathaniel Port (“Port”), Dave
Fogle (“Fogle”), Stephen Jacobs (“Jacobs”), and Jacob Wagner (“Wagner”) (collectively,
‘“Defendants”) filed a Motion to Dismiss the Amended Complaint. (ECF No. 23). Magistrate
Judge Kezia O. L. Taylor issued an Amended Report and Recommendation on August 5, 2024,
recommending that the motion be: (1) granted as to Brown’s Fourth Amendment, Fifth
Amendment, and Sixth Amendment claims, as well as to his retaliation and intentional infliction
of emotional distress claims; and (2) denied as to Brown’s Eighth Amendment and the
supervisor’s personal involvement claims. Magistrate Judge Taylor further recommended that
the Court not grant qualified immunity to any defendant, but rather, permit Brown to amend his
complaint to further describe in specific detail how each named defendant is involved in the
alleged constitutional violations. (ECF No. 35). Brown and Defendants filed objections. (ECF
Nos. 36-39). The case was reassigned to the undersigned on February 24, 2025. (ECF No. 41).
Objections to a magistrate judge’s disposition of a dispositive matter are subject to de
novo review before the district judge. 28 U.S.C. § 636(b)(1)(B)-(C); Fed. R. Civ. P. 72(b)(3).
The reviewing district court must make a de novo determination of those portions of the
magistrate judge’s report and recommendation to which objections are made. Jd. Following de
novo review, “[t}he district judge may accept, reject, or modify the recommended disposition;
receive further evidence; or return the matter to the magistrate judge with instructions.” Fed. R.
Civ. P. 72(b)(3).
Upon review of Magistrate Judge Taylor’s Amended Report and Recommendation, the
objections filed thereto, and the Court’s de novo review of the record in this matter, IT IS
HEREBY ORDERED that the objections (ECF Nos. 36 and 38) are OVERRULED. The Court
has exercised its de novo review and concurs with Magistrate Judge Taylor’s thorough analysis
and her legal conclusions. It has independently reached the same legal conclusions for the same
reasons expressed in her Amended Report and Recommendation. Therefore, the Court hereby
APOPTS Magistrate Judge Taylor’s Amended Report and Recommendation (ECF No. 35) as its
Opinion.
AND NOW, this 3 day of March 2025, IT IS HEREBY ORDERED that Defendants’
Motion to Dismiss the Amended Complaint (ECF No. 23) is GRANTED IN PART and DENIED
IN PART.
e The motion is GRANTED as to the Fourth Amendment, Fifth Amendment, and
Sixth Amendment claims, and they are DISMISSED WITH PREJUDICE. The
retaliation and intentional infliction of emotional distress claims are DISMISSED
WITH PREJUDICE.'
e The motion is DENIED as to Brown’s Eighth Amendment and supervisor’s
personal involvement claims. The motion is further DENIED as no defendant
will be granted qualified immunity at this juncture in the case.
e ITIS FURTHER ORDERED that Brown shall file a Second Amended Complaint
on or before April 10, 2025. Brown should describe therein, in specific detail,
how each named defendant is involved in the only remaining alleged
constitutional violation (his Eighth Amendment claim), as well as to specifically
name the defendants who allegedly interfered with his access to court. He should
include references to relevant dates, times and locations. Brown is directed to
comply with Federal Rule of Civil Procedure 8 when filing his Second Amended
Complaint.
BY THE COURT:
. f ee
WILLIAM S. STICKMAN IV
UNITED STATES DISTRICT JUDGE
! The Court holds that further amendment of these claims would be futile. See In re Burlington
Coat Factory Sec. Litig., 114 F.3d 1410, 1434 Gd Cir.1997) (a court may decide to deny leave to
amend for reasons such as undue delay, bad faith, dilatory motive, prejudice, and futility); see
also 3 James Wm. Moore et al., Moore’s Federal Practice § 15.15 (3d ed. 2024) (An
amendment is futile if it merely restates the same facts as the original complaint in different
terms, reasserts a claim on which the court previously ruled, fails to state a legal theory, or could
not withstand a motion to dismiss.”’). Brown has already had one chance to amend, and he
cannot overcome his pleading deficiencies as to these claims for the reasons set forth by
Magistrate Judge Taylor in her Amended Report and Recommendation.