Lyons v. Beard et al
| Eric Lyons |
| Sammy Martz, Matthew Yohn, E. Brown, Clair Tobias, Simpson, Jeffrey Beard, Donald Vaughn, Donald Kelcher, Eugene Brannigan, Stephen Sunday, Wayne Cole, Richard Southers, Robert Kreider, Edward Ayers, David Orwiz, J. Reading and S. Garhower |
| 3:2007cv00444 |
| March 8, 2007 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Cumberland |
| LQ |
| Thomas I. Vanaskie |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
213
MEMORANDUM ORDER - IT IS HEREBY ORDERED THAT Plaintiffs motion for a new trial (Doc. 207) is DENIED. Signed by Magistrate Judge Martin C. Carlson on December 29, 2011. (kjn )
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Filing
191
MEMORANDUM ORDER IT IS HEREBY ORDERED THAT: 1.Plaintiffs request for unredacted copies of Inmate Anthony Boykings Program Review Committee (PRC) Reports for the period from February 2006 through his release from the SMU at SCI-Camp Hill is DENIED. 2 .On or before Monday, September 21, 2011, Defendants shall provide the Plaintiff copies of Plaintiffs DC-17X reports from April 5, 2006 - June 21, 2006.The defendants may, but are not required to redact from thee reports the names of non-defendant corrections officers in the column listed as Staff member Signature. Signed by Magistrate Judge Martin C. Carlson on September 19, 2011. (kjn )
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Filing
178
MEMORANDUM ORDER re 174 - IT IS HEREBY ORDERED THAT plaintiffs motion for the issuance of additional subpoenas is GRANTED in part and DENIED in part. The Clerk of Court shall provide plaintiff with a subpoena for Dr. Henry K. Smith. Plaintiff sha ll bear the burden and costs associated with having the subpoena properly served upon Dr. Smith, together with all required fees, in accordance with Rule 45(b) of the Federal Rules of Civil Procedure. In all other respects, the motion is DENIED. Signed by Magistrate Judge Martin C. Carlson on August 18, 2011. (kjn )
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Filing
173
MEMORANDUM OPINION re: 158 MOTION in Limine. Accordingly, for the reasons set forth above, dfts motion in limine (Doc. 158) is GRANTED. Inmate-witnesses Hankin and Royster will not be permitted to testify about events that are unrelated to the Ju ne 19, 2006 incident that is the subject of this lawsuit in order to prove that defendants had the habit of arranging fights between inmates or otherwise harassing disliked inmates or preventing them from graduating from the SMU. Signed by Magistrate Judge Martin C. Carlson on August 9, 2011. (kjn )
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Filing
167
MEMORANDUM AND ORDER granting 149 Dft's MOTION in Limine. 1) Plaintiff will not be permitted to testify at trial about the results his x-ray films, or to testify about what Dr. Smith may have told him about his injuries or the results of his x-rays, or that an improperly healed broken rib is the cause of physical symptoms he claims to have suffered. However, Plaintiff will be permitted to testify about his symptoms to the extent that any symptoms he claims to have suffered were the natur al and probable result of the rib fracture he sustained on June 19, 2006. 2) No inmate-witness will be permitted to testify about events that are unrelated to the June 19, 2006, incident that is the subject of this lawsuit in order to prove that Def endants had the habit of arranging fights between inmates or otherwise harassing disliked inmates or preventing them from graduating from the SMU. 3) On or before Friday, July 29, 2011, Plaintiff may submit a final proffer about the intended testimo ny of inmate-witnesses in order to demonstrate that their testimony about events not directly related to the June 19, 2006, incident that is the subject of this action is both relevant and admissible. If Plaintiff submits such a proffer, he is instructed to take into account the guidance set forth in this order. Signed by Magistrate Judge Martin C. Carlson on July 21, 2011. (kjn )
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Filing
143
MEMORANDUM ORDER - IT IS HEREBY ORDERED THAT: 1. Pltfs Motion for an Enlargement of Time, Nunc Pro Tunc, to Extend the Discovery Deadline (Doc. 125 ) is GRANTED in part and DENIED in part, as follows: a. On or before Monday, July 11, 2011, Dfts shal l provide Pltf with copies of all misconduct reports issued with respect to Inmate Anthony Boyking between 2004 and June 19, 2006. b. On or before Monday, July 11, 2011, Dfts shall provide the Court with unredacted copies of Inmate Anthony Boykings P rogram Review Committee (PRC) Reports for the period from February 2006 through his release from the SMU at SCI-Camp Hill.c. On or before Monday, July 11, 2011, Dfts shall provide the Court with unredacted copies of Pltfs DC-17X From April 5, 2006 - June 21, 2006.d. On or before Wednesday, July 13, 2011, Pltf shall provide the Court and Dfts with a written explanation that articulates the specific information he is seeking in the DC-17X documents, and the relevance of this information to his cla ims. e. On or before Monday, July 11, 2011, Dfts shall advise the Court and Pltf whether the Department of Corrections has within its possession any investigative reports relating to allegations of excessive force made against any of the remaining df s in this case and, if so, whether Dfts object to producing such reports to Pltf.In all other respects, Pltfs motion to conduct further discovery is DENIED.2. Dfts Motion for Leave to Amend Answer to Pltfs Complaint (Doc. 127 ) is GRANTED.3. The Clerk of Court is directed to place Dfts amended answer (Doc. 127, Ex. A) on the docket of this case. Signed by Magistrate Judge Martin C. Carlson on June 17, 2011. (kjn )
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Filing
142
MEMORANDUM AND ORDER IT IS HEREBY ORDERED THAT pltf's mtn in limine 115 is DENIED w/out prejudice. Further evidentiary rulings will await trial in this action. Signed by Magistrate Judge Martin C. Carlson on 6/15/11 (jc)
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Filing
99
ORDER - It is hereby ORDERED that: 1. REPORT & RECOMMENDATION of Magistrate Judge Carlson 96 is ADOPTED in its entirety.; 2. Defts' MSJ 71 is GRANTED in part & DENIED in part as follows: a. DENIED as to defts Ayers, Simpson, Yohn, Darhower & Kreider & b. GRANTED as to defts Beard, Vaughn, Kelcher, Brannigan, Sunday, Cole, Southers, Orwig, Reading, Brown, Tobias & Martz & Clrk of Ct directed to enter JUDGMENT in favor of said defts & against pltf.; 3. Case REMANDED to Magistrate Judge Martin C. Carlson for further proceedings. (See order for complete details.) Signed by Honorable Christopher C. Conner on 02/03/11. (ki)
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Filing
96
REPORT AND RECOMMENDATION - IT IS RECOMMENDED, that the defendants motion for summary judgment (Doc. 71 ) be GRANTED, in part, and DENIED, in part, as follows: 1. The motion for summary judgment should be DENIED as to Defendants Ayers, Simpson, Yohn , Darhower and Kreider. 2. The motion for summary judgment should be GRANTED as to Defendants Beard, Vaughn, Kelcher, Brannigan, Sunday, Cole, Southers, Orwig, Reading, Brown, Tobias, and Martz. Objections to R&R due by 1/27/2011. Signed by Magistrate Judge Martin C. Carlson on January 10, 2011. (kjn)
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