Victor v. SCI Smithfield et al
| William Victor |
| SCI Smithfield, R.M. Lawler, Warden, SCI Huntington, Fisher, Corbin, Harris, Harman, Duffin, Cooper, Morrison, Stevens, Lalli, Clapper, Basco, C. Mitchell, Goodman, Garzarelli, Butler, Maul, N. Lehman, Ritchie, Miller, Vickie, Nurse John Doe, Nurse Jane Doe, Baird and John Doe Staff |
| 3:2008cv01374 |
| July 21, 2008 |
| US District Court for the Middle District of Pennsylvania |
| Prisoner: Civil Rights Office |
| Huntingdon |
| William J. Nealon |
| J. Andrew Smyser |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
601
MEMORANDUM OPINION AND ORDER denying 548 MOTION to Compel filed by William Victor. Signed by Magistrate Judge Martin C. Carlson on August 29, 2012. (kjn )
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Filing
600
MEMORANDUM OPINION AND ORDER - Accordingly, upon consideration of the Defendants motions for attorneys fees, (Docs. 582 and 589 .), for the reasons set forth above, IT IS HEREBY ORDERED THAT the motions are DENIED. Signed by Magistrate Judge Martin C. Carlson on August 22, 2012. (kjn )
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Filing
588
MEMORANDUM ORDER - IT IS ORDERED as follows: Victors Motion for Emergency Relief, Monetary Sanctions, Hearing and to Compel, in Victor v. Lawler, No. 3:08-CV-1374, is DENIED without prejudice since Victor has already previously filed a motion in th is lawsuit seeking this precise relief. (Doc. 548.) However, IT IS FURTHER ORDERED that the Department of Corrections shall file aresponse to the motion docketed at No. 548, which alleges a breach of thesettlement agreement, in accordance with Local Rule 7.6 on or before July15, 2012. Pursuant to Local Rule 7.7 the plaintiff may then file a replybrief fourteen days after the filing of the defendants brief, on or before July 29, 2012. Victors Motion for Emergency Relief, Monetary Sanctions, Hear ing and to Compel in Victor v. Varano, No. 3:11-CV-891, Victor v.Varano, No. 3:11-CV-2000, and Victor v. Huber, No. 3:12-CV-282,ARE DENIED without prejudice to Victor filing a new complaintrelating to the alleged loss of property, once Victor has completed thepursuit of his post-deprivation remedies as he is required to do by law.Signed by Magistrate Judge Martin C. Carlson on July 2, 2012. (kjn )
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Filing
580
MEMORANDUM OPINION denying 577 MOTION for New Trial filed by William Victor. Signed by Magistrate Judge Martin C. Carlson on June 12, 2012. (kjn )
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Filing
525
MEMORANDUM OPINION - Victors motion for spoliation sanctions 426 is GRANTED in part and DENIED in part as follows: The Court denies Victorsrequest for spoliation sanctions, but will permit Victor to present evidence relating to his claim that priso n officials produced falsely exculpatory evidence that he had attempted suicide, and will instruct the jury on this issue, as well as the related issues of impeachment by prior inconsistent statements, and consideration of alleged admissions by individual Defendants in a multi-defendant trial. Signed by Magistrate Judge Martin C. Carlson on May 10, 2012. (kjn )
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Filing
508
MEMORANDUM ORDER - Victors motion for emergency pretrial relief, which seeks copies of certain photographs, as well as access to videotapes of the prison cell extraction which is at issue in this lawsuit (Doc. 500); (2)Victors motion for clarificatio n, which requests copies of certain exhibits as well as access to Victors legal files, which were allegedly confiscated after an incident in which prison officials claimed to have found a home-made knife concealed in those files, (Doc. 492); (3) Vict ors motion for preliminary injunction, which requested wide-ranging equitable relief, and more narrowly tailored remedies in the form of access to certain exhibits and evidence introduced by Victor at a prior hearing conducted by this Court; (Doc. 49 9) and (4) Victors motion to add and withdraw trial witnesses, which substitutes one inmate witness for another in the list of proposed witnesses proffered by Victor. (Doc. 494), are GRANTED, IN PART, and DENIED,IN PART. Signed by Magistrate Judge Martin C. Carlson on April 18, 2012. (kjn )
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Filing
487
MEMORANDUM OPINION - IT IS HEREBY ORDERED THAT Victors motions for emergency, preliminary injunctive relief, and to compel the production of documents, or for other pre-trial relief (Docs. 450 , 458 , 461 , 471 , 478 and 485 ) are DENIED. IT IS FURTHER ORDERED THAT defendant Diffin SHALL ensure that all future documents filed with or submitted to the Court are copied on the plaintiff at the time the documents are filed or submitted. On or before Friday, March 16, 2012, plaintiff shall s ubmit a proffer in which he identifies each witness he proposes to subpoena at trial, explains what information each witness is expected to offer, and summarizes the relevance of such testimony to his claims in this litigation. Following consideration of this proffer, the Court will determine whether to issue the requested subpoenas. Signed by Magistrate Judge Martin C. Carlson on February 29, 2012. (kjn )
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Filing
456
ORDER ADOPTING REPORT AND RECOMMENDATIONS 1) The Report and Recommendation 442 is adopted. 2) This case is remanded to Magistrate Judge Carlson for futher proceedings. 3) Any appeal will be deemed frivolous, lacking merit, and not taken in good faith. Signed by Honorable William J. Nealon on 1/3/12. (ts, )
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Filing
452
ORDER ADOPTING REPORT AND RECOMMENDATION (Doc 431). The action is DISMISSED as to defts Cooper, Miller, and Moore without prejudice to the right, upon good cause shown within 60 days, to reinstate the action if the settlement is not consummated. The Clerk of Court is directed to TERMINATE defts Cooper, Miller, and Moore as parties in the case; and the matter is REMANDED to MJ Carlson for further proceedings.Signed by Honorable William J. Nealon on 12/12/11. (ao, )
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Filing
444
MEMORANDUM AND ORDER - Diffin has not filed a Dec. 1, 2011, response as required by this Courts Nov. 17 order. Given Diffins further defaults in this matter, we will not excuse him from appearing on Dec. 6, 2011, but we will excuse the other parties from what may be a fruitless and unnecessary proceeding. Thus, while Diffin is ORDERED to appear in Courtroom 5, United States Courthouse, Harrisburg,PA on December 6, 2011 at 10:00 a.m. to show cause why he should not be sanctioned for his failure to appear, and to respond to the pltfs motion for entry of default judgment against this dft, the other parties to this litigation are excused from appearing. In the event that Diffin may appear on December 6, the Court will endeavor to schedule a video-conference with this dft and the pltf, who is receiving medical treatment in SCI Pittsburgh, and will schedule additional proceedings on this matter. Otherwise, the Court will take the action it deems appropriate.Signed by Magistrate Judge Martin C. Carlson on December 2, 2011. (kjn )
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Filing
443
ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; 1) The Report and Recommendation 371 is adopted 2) Plaintiff's motion for relief 357 is denied 3) Plaintiff's objections to the R & R 372 are overruled 4) This case is remanded to Magistrate Judge Carlson for further proceedings 5) Any appeal will be deemed frivolous, lacking merit, and not taken in good faith.Signed by Honorable William J. Nealon on 11/30/11. (ts, )
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Filing
414
MEMORANDUM AND ORDER - In accordance with the foregoing memorandum Order, the plaintiffs motions for relief, (Docs. 405 and 411 ), are GRANTED in part and DENIED in part. Signed by Magistrate Judge Martin C. Carlson on November 2, 2011. (kjn)
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Filing
402
MEMORANDUM AND ORDER - IT IS ORDERED as follows: 1. The pltfs motions for hearing (Docs. 387 and 401 ) are GRANTED. 2. An evidentiary hearing regarding whether a spoliation sanction inference is warranted in this case will be conducted before the undersigned on November 14, 20111, at 10:00 a.m. in Courtroom 5 U.S. Courthouse, 228 Walnut Street, Harrisburg, Pennsylvania. 3. The parties shall submit pre-hearing briefs arguing their respective positions regarding the appropriateness of a spolia tion sanction inference as to each defendant on or before November 7, 2011. 4. Pro se dfts are expected to attend and participate in this hearing, and a failure to attend, and participate, may result in imposition of sanctions against that party.5. W hile there is an indication that the Department of Corrections dfts may no longer be participants in this litigation, it is requested that counsel for these dfts attend this hearing. Signed by Magistrate Judge Martin C. Carlson on October 7, 2011. (kjn )
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Filing
391
MEMORANDUM OPINION AND ORDER granting pltf's Motion for Relief 378 . Dfts are ordered to disclose this report on or before 9/7/11, and all parties are ordered that all remaining pretrial motions be filed, and friefed by the movant on or before 9/9/11. Signed by Magistrate Judge Martin C. Carlson on 08/26/11 (ma, )
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Filing
386
MEMORANDUM AND ORDER - IT IS ORDERED that the plaintiff's Motion 374 for relief is DENIED. Signed by Magistrate Judge Martin C. Carlson on 8/19/11. (rc)
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Filing
385
MEMORANDUM AND ORDER denying 317 Pltf's MOTION for relief as moot. Signed by Magistrate Judge Martin C. Carlson on August 18, 2011. (kjn )
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Filing
383
ORDER - IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. 331) is ADOPTED in part. 2. The motion for summary judgment (Doc. 225) is DISMISSED as moot as to Defendants Fisher, corbin, Stevens, and Maul, see (Doc, 267)This case is REMANDED to Magistrate Judge Carlson for further proceedings. (SEE ORDER FOR FURTHER DETAILS)Signed by Honorable William J. Nealon on 8/12/11 (ga, )
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Filing
367
MEMORANDUM AND ORDER - IT IS ORDERED that the Plaintiffs motion for relief (Doc. 361 ) is GRANTED inpart and DENIED in part as follows: 1. With respect to the Plaintiffs request for Disclosure of Prisons Operations Manuals, this request is DENIED wi th one exception. IT IS ORDERED that the Corrections Defendants provide Victor with a declaration which fully and accurately summarizes the cell extraction videotaping policies set forth in Section 32 of the 6.3.1 Procedures Manual on or before June 15, 2011. 2. With respect to the Plaintiffs request for Spoliation Sanctions, this request is DENIED without prejudice to the Plaintiff renewing this matter at trial.Signed by Magistrate Judge Martin C. Carlson on May 18, 2011. (kjn )
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Filing
349
MEMORANDUM ORDER re: 347 - With respect to this motion IT IS ORDERED as follows: 1. Dft Diffin is ordered to serve copies of all pleadings which he files upon the pltf by placing the same in the United States mails. 2.The pltfs request for discovery in aid of executing any potential judgments is denied without prejudice to renewal by the pltf, post-trial, if monetary judgments are entered against any ddts. Signed by Magistrate Judge Martin C. Carlson on April 14, 2011. (kjn )
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Filing
345
MEMORANDUM OPINION - IT IS ORDERED as follows: 1. The corrections dfts are directed to forward a copy of this order to the Office of Attorney General, Commonwealth of Pennsylvania. 2. On or before April 26, 2011, the Office of Attorney General wil l file with the Court any objections which it has to the issuance of a subpoena duces tecum for the limited production of documents restricted solely to reports of statements by the named Dfts in this case, obtained by investigators outside the grand jury, which may relate to the matters int his litigation, the circumstances surrounding the June 28, 2008, cell extraction of Victor, the way in which Victors injuries occurred, and the extent to which the scene of the cell extraction was staged, or evidence documenting that cell extraction was altered. 3. If the Office of Attorney General objects to the release of this information, it shall provide to the Court for in camera inspection: A. Copies of any responsive reports. B. A declaration describing how the release of the reports would implicate grand jury secrecy concerns. SEE ORDER FOR COMPLETE DETIALS. Signed by Magistrate Judge Martin C. Carlson on April 5, 2011. (kjn)
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Filing
344
ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; 1) The Report and Recommendation 328 is adopted. 2) The motion for Preliminary Injunctive Relief 300 is denied. 3) The case is remanded to the Magistrate Judge for futher proceedings 4) Any appeal will be deemed frivolous, lacking merit and not takenin good faith. Signed by Honorable William J. Nealon on 3/23/11. (ts, )
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Filing
326
ORDER ADOPTING REPORT AND RECOMMENDATIONS 1) The Report and Recommendation 294 is adopted. 2) The motion for summary judgment filed by defendant Dr. Ronald Long 252 is granted. 3) Plaintiff's motion to dismiss 282 Defendant Long's reply is dismissed as moot; The case is remanded to the Magistrate Judge for further proceedings; and 5) Any appeal will be deemed frivolous, lacking merit and not taken in good faith. Signed by Honorable William J. Nealon on 2/22/11. (ts, )
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Filing
324
MEMORANDUM AND ORDER denying pltf's Motion for relief 309 Signed by Magistrate Judge Martin C. Carlson on 02/18/11 (ma, )
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Filing
322
ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; 1) The Report and Recommendation 295 is adopted. 2) The motion for summary judgment filed by defendants Goodman and Snyder 229 is denied. 3) The case is remanded to the Magistrate Judge for further proceedings; and 4) Any appeal will be deemed frivolous, lacking merit, and not taken in good faith. Signed by Honorable William J. Nealon on 2/11/11. (ts, )
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Filing
293
MEMORANDUM OPINION AND ORDER re 291 MOTION for relief filed by Pltf William Victor. This motion will be DENIED by the Court without further briefing by the parties since the Court finds that its June 24, 2010 order properly set the scope of what may be discovered here, and the Dfts have already complied with that order. Signed by Magistrate Judge Martin C. Carlson on July 14, 2010. (kjn )
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Filing
287
MEMORANDUM OPINION AND ORDER - Accordingly, for the foregoing reasons, IT IS ORDERED as follows: Victors request for disclosure of these Extraordinary Occurrence Reports is DENIED, with the following exceptions...SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on June 24, 2010. (kjn )
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Filing
279
MEMORANDUM AND ORDER re 239 MOTION to Compel Discovery filed by pltf William Victor. Accordingly, it is ORDERED that the plaintiffs motion to compel, (Doc. 239),is DENIED, in part, and, GRANTED in part, as follows: All of Victors discovery request s are DENIED, with the exception of his request for his own medical records, which is GRANTED provided that he completes the procedures prescribed by Department of Corrections policies. In addition, on or before June 21, 2010, we direct the defendan ts to provide to the Court for its in camera inspection any responsive records, relating to cell extractions involving defendants Diffin, Goodman, Eberling or Ritchey between January 1, 2008 and June 28, 2008. Armed with this information the Court ca n determine: (1) whether this information is relevant to the issues raised in this case; (2) whether it is subject to any valid claim of privilege recognized by the Federal Rules; and (3) to what extent, in what format, and under what conditions it may be released to the plaintiff. Signed by Magistrate Judge Martin C. Carlson on June 2, 2010. (kjn)
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Filing
213
MEMORANDUM AND ORDER - re: in camera reviews. Dfts shall file a supplemental pleading on or before April 5, 2010. SEE MEMORANDUM AND ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on March 23, 2010. (kjn )
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Filing
188
MEMORANDUM AND ORDER GRANTING IN PART and DENYING IN PART 169 MOTION to Compel MOTION for Sanctions filed by William Victor. Signed by Magistrate Judge Martin C. Carlson on 2/9/10. (pw, )
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