Bradley v. Spelas et al
| Vernon Bradley |
| Joshua Spelas, Michael Rains, Cheadan Rogers, Rothrock, Heath, Heverly and Lowry |
| 1:2016cv00962 |
| May 23, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Centre |
| GS |
| Sylvia H. Rambo |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
33
ORDER: In accord with the accompanying Memorandum 32 ; 1. Dfts mton to dismiss, or in the alternative, for summary judgment 25 is GRANTED in part and DENIED in part;2. Dfts mtn is GRANTED as to Dfts Sgt. Heath, Lt. Lowry, and C.O. Heverly, and the y are dismissed from this action;3. Judgment will be entered in favor of Dfts Sgt. Heath, Lt. Lowry,and C.O. Heverly;4. Dfts mtn is FURTHER GRANTED as to all claims of verbal harassment against Dfts C.O. Spelas, C.O. Rains, C.O. Rogers, and C.O. Roth rock; as to the claims of placing tobacco chew in Pltfs meal tray against Dfts C.O. Spelas and C.O. Rains; and as to the claim of denial of access to the exercise yard and showers against Dft C.O. Rains;5. Pltfs Eighth Amendment claim against C.O. Sp elas, C.O. Rains, and C.O. Rogers for banging on the property room gate outside of Pltfs cell is DISMISSED pursuant to the screening provisions of the PLRA for failure to state a claim;6. Judgment will be entered in favor of Dfts C.O. Spelas, C.O. Ra ins,and C.O Rogers;7. Dfts mtn is DENIED as to the claim against C.O. Rothrock that he pushed Pltf down the stairs;8. IT IS FURTHER ORDERED THAT the remaining Defendant, C.O. Rothrock, in this action shall file an Answer to Pltfs Complaint within (21) days of the date of this Order;9. The Clerk of Court is DIRECTED to DEFER the entry of judgment until the conclusion of this case.Signed by Honorable Sylvia H. Rambo on 6/28/17. (ma)
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