Williams v. Klem et al
| Barry Williams |
| Edward J. Klem, J. Kaufman, William Wetzel, Michael Kimleclak, J. Piskarik, B. Dreher and Andrascavage |
| 3:2007cv01044 |
| June 8, 2007 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Bucks |
| PT |
| Thomas I. Vanaskie |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
108
ORDER ADOPTING REPORT AND RECOMMENDATIONS/SCHEDUGLING ORDER - ORDERED that the report is adopted. Pur. to Judge's Carlson's recommendation, it is ORDERED as follows: 1. Defts.' mtn. for SJ on the claims against Officer Vance is granted . 2. Defts.' mtn. for SJ on the claims against Officer Clark are denied in part. The mtn. is granted as to verbal taunts only. 3. Defts.' mtn. for SJ are otherwise denied & the case shall proceed against defts. Gower, Piskorik, Dereher, Andrascavage, and Clark. 4. This case is listed for jury trial @ the Nov. 2011 trial term, which begins on 11/7/11. (See order for complete details.) 103 Signed by Honorable William W. Caldwell on 7/19/11. (am)
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Filing
93
MEMORANDUM OPINION AND ORDER re: the production of documents. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on March 3, 2011. (kjn )
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Filing
82
ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson: AND NOW, this 2nd day of Nov., 2010, upon con. of the R&R of the mag. judge 79 , filed 9/24/010, to which no objs. were filed, & upon independent r eview of the record, it is ordered that: 1. The mag.'s judge's report is adopted. 2. Defts. Klem & Chipriano's unopp. mtn. for partial SJ is granted. 48 3. The Clerk of Crt. shall enter jgm. in favor of defts. Klem & Chipriano & against plf. Williams. 4. This matter is remanded to Mag. Judge Carlson for further proceedings. Signed by Honorable William W. Caldwell on 11/2/10. (am)
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Filing
76
MEMORANDUM AND ORDER - Accordingly, for the forgoing reasons, the Plaintiffs motion for a pre-trial ruling imposing spoliation sanctions (Doc. 55) is DENIED without prejudice to renewal of this matter at trial. Signed by Magistrate Judge Martin C. Carlson on September 22, 2010. (kjn )
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Filing
75
MEMORANDUM OPINION AND ORDER - it is ORDERED that the Pltfs motion to compel, (Doc. 45), is GRANTED, in part, and DENIED, in part, as follows: First, with respect to the requests for access to videos depicting the June 8,2005 incident that is the sub ject of this lawsuit, and Williams request for access to his own psychiatric records, we will grant these requests, and note that the Dfts represent that Williams has already gained access to this material. Second, with respect to Williams request f or copies of State Police reports concerning this incident, in light of the Dfts representation that they do not possess such reports, this request will be denied. Finally, with respect to Williams demands for: (1) production of all statements and r eports attached to the Department of Corrections extraordinary occurrence report which detailed this June 8, 2005 institutional affray; (2) copies of what Williams has characterized as the falsified reports made by Sgt. Piskarik; and (3)access to cer tain prison files maintained on him, specifically requesting access to a 17-x report, as well as DC-14 and DC-15 files, on or before October 18, 2010, we direct the Defendants to provide to the Court for its in camera inspection any records responsiv e to these requests, along with proposed redactions to those records that the Defendants deem appropriate in light of their objections to wholesale disclosure of this information. SEE MEMO & ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on September 15, 2010. (kjn )
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Filing
18
MEMORANDUM AND ORDER 1. Defendants Motion to Dismiss (Dkt. Entry 12) is GRANTED in part and DENIED in part. 2. Williams damage claims lodged againstdefendants in their official capacity are DISMISSED. 3. Williams claim that he was assaulted on June 8 , 2005, and issued two misconducts, in retaliation for exercising his First Amendment freedom of speech rights are DISMISSED. 4. Williams due process claims related to the loss of his personal property are DISMISSED. 5. Williams claim that he receive d two fabricated misconducts in violation of his due process rights is DISMISSED. 6. Williams claims against Klem, Wetzel and Kmiweciak for their denial of his institutional grievances is DISMISSED. 7. Defendants Motion to Dismiss Williams claim of r etaliation based on his filing of institutional grievances is DENIED. 8. Defendants Motion to Dismiss Williams Eighth Amendment medical claim against Nurse Chipriano is DENIED. 9. Defendants Motion to Dismiss Williams Eighth Amendment RHU conditions of confinement claim is DENIED. 10. Williams three Eighth Amendment excessive use of force claims survive Defendants Motion to Dismiss. 11. Pursuant to Fed. R. Civ. P. 12(a)(4)(A), defendants shall answer the Complaint in this matter within ten (10) days of the date of this Order.Signed by Honorable Thomas I. Vanaskie on 9/30/08. (jfg)
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