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15-284 - BROWN v. ALLEGHENY COUNTY et al

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15-284 - BROWN v. ALLEGHENY COUNTY et al
January 7, 2016
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MEMORANDUM OPINION & ORDER re 29 MOTION to Dismiss 9 Amended Complaint filed by ROBERT BURNETT. The motion to dismiss is GRANTED as to Plaintiffs claim (Count I) of cruel and unusual punishment under the Eighth Amendment but leave is granted to amend the complaint to set forth a claim of failure to protect. The motion to dismiss is DENIED as to Counts II and III. IT IS FURTHER ORDERED THAT Plaintiff is granted leave to file a Second Amended Complaint on or before January 22, 2016 in order to address pleading deficiencies identified herein. Signed by Magistrate Judge Robert C. Mitchell on 1/7/16. (kld)