Robinson v. Tennis et al
| Mark Anthony Robinson |
| Franklin J. Tennis, Brian Thompson, Robert March, Melinda Smith, Granlund, Sutton, Grice, Best, Heverly, John Doe, David Kuhn, Robert MacIntyre, Office of the Chief Hearing Examiner for Dept. of Corrections, Dorina Varner and Julie Pensiero |
| 3:2011cv01724 |
| September 15, 2011 |
| U.S. District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Cumberland |
| Malachy E. Mannion |
| James M. Munley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
160
SCHEDULING ORDER:; ORDER ADOPTING REPORT AND RECOMMENDATIONS ; IT IS HEREBY ORDERED THAT: The Report and Recommendation 158 is ADOPTED for the reasons stated therein. Jury Selection/Trial set for 8/27/2018 09:30 AM in Scranton before Honorable Robert D. Mariani on Plaintiff's Eighth Amendment excessive force claim against Defts. Sutton, Heverly, est and Davis. See Order for additional details and deadlines. Signed by Honorable Robert D. Mariani on 11/20/17. (jam)
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Filing
154
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 152 Report and Recommendations,, ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; Signed by Honorable Robert D. Mariani on 10/06/17. (ep)
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Filing
73
ORDER 1. Defendants' Objections (Doc. 66) are OVERRULED. Plaintiff has sufficiently pled a claim of First Amendment retaliation against Defendant Koltay. 2. Plaintiffs Objections (Doc. 72) are OVERRULED IN PART AND SUSTAINED IN PART. 3. The Rep ort &Recommendation (Doc. 65) is ADOPTED IN PART AND REJECTED IN PART. 4. Plaintiff is GRANTED LEAVE to file an Amended Complaint (which he has filed on the docket at 63-1) subject to the following dismissals:a. Plaintiffs claims for Fourteenth Amend ment denial of due process and EighthAmendment cruel and unusual punishment against Defendant Kuhn areDISMISSED WITH PREJUDICE. b. Plaintiffs claims for supervisory liability against Superintendent Tennis, Superintendent Lamas, Deputy Superintendent Horton, Inmate Program Manager Miller, Unit Manager Granlund, Lieutenant Grice, and Chief Hearing Examiner Mcintyre are DISMISSED WITH PREJUDICE. 5. Accordingly, the claims remaining in the Amended Complaint (Doc. 63-1) are:a. Plaintiffs claim for Ei ghth Amendment excessive force as to Defendants Sutton, Heverly, Best, and Davis. b. Plaintiffs claim for First Amendment retaliation as to Defendants Koltay (refusal to provide medical treatment), Grice (refusal to return photographs of family membe rs), Kuhn (repeatedly finding Plaintiff guilty of misconducts), and Sutton (paying an inmate to throw feces on Plaintiff). c. Plaintiffs claim for First Amendment retaliation as to Defendant Marsh when Defendant Marsh allegedly instructed Nurse " ;Beth" to withhold Plaintiffs diabetes medicine from him in retaliation for petitioning the courts. 6. Plaintiffs claim for Eighth Amendment deliberate indifference against Defendant Koltay, having previously been dismissed with prejudice by this Court (Doc. 51), may not be re-asserted by Plaintiff.7. The case is remanded to Magistrate Judge Carlson for further pre-trial proceedings.Signed by Honorable Robert D. Mariani on 8/16/13 (jfg)
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Filing
50
MEMORANDUM AND OPINION - For the foregoing reasons, the Court will grant Defendant Koltay's converted Motion for Summary Judgment (Doc. 25) because Plaintiff failed to exhaust his administrative remedies and he failed to plead aclaim for which relief may be granted. However, the Court will grant Plaintiff leave to amend his complaint against the remaining defendants. A separate Order follows. Signed by Honorable Robert D. Mariani on 9/24/12. (jfg)
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