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SZUBIELSKI v. PIERCE

Civil Action No. 1:15-cv-00984-RGA.

GERARD SZUBIELSKI, Plaintiff, v. DAVID PIERCE, in his personal capacity, and DANA METZGER, in his official capacity, Defendants.

United States District Court, D. Delaware.

October 15, 2018.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER

Attorney(s) appearing for the Case

Gerard Szubielski, Plaintiff, represented by Ellis E. Herington , Pepper Hamilton LLP, Joanna J. Cline , Pepper Hamilton LLP & Courtney A. Munnings , Pepper Hamilton LLP, pro hac vice.

Warden David Pierce & Dana Metzger, Defendants, represented by Ryan Patrick Connell , Department of Justice.

MEMORANDUM

Presently before the Court is Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint. (D.I. 63). The Parties have fully briefed the issues. (D.I. 64, 66, 67). For the reasons set out below, Defendants' Motion is DENIED.

I. BACKGROUND

On March 2, 2007...

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