Forshey v. Huntingdon County et al
| Brian Forshey |
| Huntingdon County, Huntingdon County Commissioners, Huntingdon County Prison Board, R. Dean Fluke, Gary O'Korn, Jeff Thomas, Richard Irvin, Stewart L. Kurtz, George N. Zanic, William Walters, Duane Black, Darrell Bair and Mark Minor |
| 1:2013cv00285 |
| February 5, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Huntingdon |
| Susan E. Schwab |
| Sylvia H. Rambo |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
77
ORDER: In accord with the Memorandum 76 filed this date; 1) The Report and Recommendation 73 of MJ Mehalchick is adopted. 2) Dfts partial mtn for summary judgment 61 is GRANTED IN PART AND DENIED IN PART as follows:a. Dfts mtn for summary judgm ent on Forsheys conditions of confinement claim is DENIED;b. Dfts Bair and Black are not entitled to qualified immunity on Forsheys conditions of confinement claim;c. The mtn for summary judgment of Dfts Bair and Black, in their individual and offici al capacities, regarding Forsheys deliberate indifference to a serious medical need is GRANTED;d. Dfts mtn for summary judgment on any Monell liability for Forsheys conditions of confinement claim related specifically to the running of showers while not in use is DENIED; ande. Dfts mtn for summary judgment on any Monell liability for Forsheys deliberate indifference claim arising from Nurse Watkins conduct is GRANTED.3) Counsel shall confer with each other and submit a revised joint casemanagement plan for the disposition of this case. The plan shall besubmitted by 1/30/17.4) A case management conference will be held on 2/8/17 at 9:15 a.m. Signed by Honorable Sylvia H. Rambo on 1/12/17. (ma)
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Filing
48
ORDER: 1) The court adopts the report and recommendation 47 of MJ Mehalchick. 2) Dfts mtn to dismiss 39 is DENIED.3) This action is remanded to MJ Mehalchick for furtherproceedings.Signed by Honorable Sylvia H. Rambo on 9/2/15. (ma)
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