IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 

SHARIFF BUTLER, 

 Plaintiff, 

 v. 

JOHN E. WETZEL, et al., 

 Defendants. 

 No. 4:23-CV-00859 

 (Chief Judge Brann) 

ORDER

AND NOW, this 1st day of March 2024, in accordance with the 

accompanying Memorandum, IT IS HEREBY ORDERED that: 

1. Defendants’ unopposed motion to dismiss (Doc. 24) under Federal 

Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED 

in part, as follows: 

a. Plaintiff’s Eighth Amendment conditions-of-confinement 

claims against defendants John E. Wetzel, C. Kendrick, and 

Jennifer Jenkins are DISMISSED without prejudice pursuant to 

Rule 12(b)(6) for failure to state a claim upon which relief may 

be granted. 

b. Plaintiff’s Eighth Amendment conditions-of-confinement 

claims against defendants George Ralston, Dorina Varner, Keri 

Moore, and Pennsylvania Department of Labor and Industry are 

DISMISSED with prejudice pursuant to Rule 12(b)(6) for 

failure to state a claim upon which relief may be granted. 

c. Plaintiff’s Fourteenth Amendment equal protection claims 

against defendants John E. Wetzel, C. Kendrick, Jennifer 

Jenkins, Kevin Kauffman, and Anthony Scalia are 

DISMISSED without prejudice pursuant to Rule 12(b)(6) for 

failure to state a claim upon which relief may be granted. 

Case 4:23-cv-00859-MWB-MP Document 37 Filed 03/01/24 Page 1 of 3
 2 

d. Plaintiff’s Fourteenth Amendment equal protection claims 

against defendants George Ralston, Dorina Varner, Keri Moore, 

and Pennsylvania Department of Labor and Industry are 

DISMISSED with prejudice pursuant to Rule 12(b)(6) for 

failure to state a claim upon which relief may be granted. 

e. Plaintiff’s Section 1983 civil conspiracy claims against 

defendants John E. Wetzel, C. Kendrick, Jennifer Jenkins, 

Kevin Kauffman, and Anthony Scalia are DISMISSED without 

prejudice pursuant to Rule 12(b)(6) for failure to state a claim 

upon which relief may be granted. 

f. Plaintiff’s Section 1983 civil conspiracy claims against 

defendants George Ralston, Dorina Varner, Keri Moore, and 

Pennsylvania Department of Labor and Industry are 

DISMISSED with prejudice pursuant to Rule 12(b)(6) for 

failure to state a claim upon which relief may be granted. 

g. Plaintiff’s state-law negligence claims are DISMISSED as to 

all Defendants as they are barred by state statutory sovereign 

immunity. These claims may not be reasserted in any amended 

pleading in this action. 

h. Defendants’ motion is DENIED in all other respects. 

2. The Clerk of Court is directed to terminate defendants George 

Ralston, Dorina Varner, Keri Moore, and Pennsylvania Department of 

Labor and Industry. 

3. Within 21 days of the date of this Order, Plaintiff, if desired, may file 

a second amended complaint in accordance with the accompanying 

Memorandum. Plaintiff is admonished that he must follow this 

Court’s directives with respect to amendment. 

Case 4:23-cv-00859-MWB-MP Document 37 Filed 03/01/24 Page 2 of 3
 3 

4. If no second amended complaint is timely filed, dismissal without 

prejudice of the conditions-of-confinement, equal protection, and civil 

conspiracy claims will automatically convert to dismissal with 

prejudice and this case will proceed on Butler’s Eighth Amendment 

conditions-of-confinement claims against defendants Kevin Kauffman 

and Anthony Scalia only. 

BY THE COURT: 

s/ Matthew W. Brann 

 Matthew W. Brann 

 Chief United States District Judge 

Case 4:23-cv-00859-MWB-MP Document 37 Filed 03/01/24 Page 3 of 3