Cooper v. Pennsylvania Department of Corrections et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRUCE X. COOPER,
Plaintiff,
v.
DR. SCOTT PRINCE, et al.,
Defendants.
No. 4:25-CV-00704
(Chief Judge Brann)
ORDER
AND NOW, this 4th day of March 2026, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1. 	Defendant Dr. Scott Prince’s motion to dismiss (Doc. 13) under
Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and
DENIED in part, as follows:
a. 	The motion is GRANTED as to Cooper’s Section 1985
conspiracy claim, Section 1986 failure-to-prevent-conspiracy
claim (to the extent it is raised), official capacity constitutional
tort claims, and individual capacity ADA and RA claims. The
foregoing claims are DISMISSED for failure to state a claim
upon which relief may be granted, as more fully specified in the
accompanying Memorandum.
b. 	The motion is DENIED with respect to Cooper’s individual
capacity Section 1983 First Amendment retaliation claim.
2. 	The motion to dismiss (Doc. 21) under Federal Rule of Civil
Procedure 12(b)(6) by defendants Kim Harris and Erica Benning is
GRANTED. All claims against Harris and Benning are DISMISSED
for failure to state a claim upon which relief may be granted, as more
fully specified in the accompanying Memorandum.
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3. 	Within 21 days of the date of this Order, Plaintiff, if desired, may file
an amended complaint in accordance with the accompanying
Memorandum. Plaintiff must adhere to the specific pleading
directions provided by the Court.
4. 	If no amended complaint is timely filed, dismissal of any claims
without prejudice will automatically convert to dismissal with
prejudice and this case will proceed on one claim: individual capacity
Section 1983 First Amendment retaliation against Dr. Prince.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge
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