Williams v. Varano et al
| La-Qun Rasheed Williams |
| David A. Varano, Ronda Ellett, George Miller, Michael Miller, Charles Stetler, U.M. Tripp, Lt. Burns, Lt. Symons, Sgt. Greene, Sgt. Claudfelter, M.J. Batick, L.S. Kerns-Barr, Kandis K. Dascani, Trisha Kelley, A.A. Kitchen, Klembara, Kepner, Wiseman, Allen, Tammy Behney, Ernrich, Dorina Varner, Therese Jellen, John Doe 1-3, Debra S. Rand and SCI Coal Township |
| 3:2012cv00529 |
| March 23, 2012 |
| U.S. District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Huntingdon |
| JV |
| Richard P. Conaboy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
171
MEMORANDUM (Order to follow as separate docket entry) Based upon those decisions, this Court agrees that Plaintiffs claims relating to being placed in disciplinary confinement as the result of misconduct charges is subject to dismissal under Sandin. Likewise, Williams allegations of being denied access to his television, radio, and phone calls while in disciplinary confinement fail under Sandin. An appropriate Order will enterre 144 Second MOTION for Summary Judgment Signed by Honorable Richard P. Conaboy on 3/31/15. (cc)
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Filing
112
MEMORANDUM (Order to follow as separate docket entry)Plaintiffs retaliation claims, including the allegations of food tampering, mail interference, destruction of personal legal property, fabricated misconduct charges, and placement of Williams in situations so that he could be attack by an inmate with a history of assaultive behavior (to the extent it does not seek monetary relief) will proceed. An appropriate order will enter. Signed by Honorable Richard P. Conaboy on 3/31/14. (cc)
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Filing
35
MEMORANDUM AND ORDER 1.Plaintiffs second motion to amend (Doc. 28) is GRANTED.2. Corrections Officer Yoder is substituted for Defendant John Doe 1. 3.Defendants motion to dismiss (Doc. 12) the Complaint is GRANTED IN PART.4.Plaintiffs damage claims against Defendants in their official capacities are DISMISSED.5.Dismissal is GRANTED in favor of Defendants SCI-Coal Twp., Attorney Debra Rand, Grievance Coordinators Kandis Dascandi, Trisha Kelley and Dorina Varner6.Defendants Klembara, Jellen, Tri pp, Symons, Kelley and Behneys request for dismissal on the basis of failure to allege personal involvement will be GRANTED with respect to the Complaint. 7.Any claims that denials of due process during misconduct proceedings which resulted in a loss of good conduct time are DISMISSED WITHOUT PREJUDICE to Williams right to challenge such proceedings in a federal habeas corpus action.8.Williams procedural due process claims relating to disciplinary proceedings which did not result in a loss of go od conduct time or otherwise extend the duration of his confinement are DISMISSED. However, any retaliation claims regarding denials of due process during misconduct proceedings which did not result in a loss of good conduct time will be allowed to proceed.9.Defendants request for dismissal of the retaliation claims including the allegations of food tampering, mail interference, fabricated misconduct charges, and placement of Williams in situations so that he could be attack by an inmate with a history of assaultive behavior is DENIED.10.The motion to dismiss is DENIED with respect to the claims of denial of access to the courts.11.Since they have not been addressed by the motion to dismiss, Plaintiffs claims of conspiracy and his supplemental allegations against the Remaining Defendants will also proceed. Signed by Honorable Richard P. Conaboy on 3/8/13. (cc)
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