Finley v. Commonwealth of Pennsylvania Department of Corrections et al
| Kenneth Finley |
| Commonwealth of Pennsylvania Department of Corrections, SCI Waymart, Patrick Hebert and Joseph Nish |
| 3:2012cv02194 |
| November 2, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| Robert D. Mariani |
| Family and Medical Leave Act |
| 29 U.S.C. ยง 2611 Family and Medical Leave Act of 1993 |
| Plaintiff |
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| Document Text |
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Filing
32
ORDER THAT Defendants' Motion for Summary Judgment (Doc. 21) is GRANTED IN PART AND DENIED IN PART; to wit: 1. The motion is GRANTED IN PART AND DENIED IN PART as to Count I (Violation of Section 504 of the Rehabilitation Act of 1974) of Plainti ffs Complaint: a. The motion is GRANTED with respect to Defendants Herbert and Nish and judgement is entered IN FAVOR OF these Defendants and AGAINST Plaintiff on this Count. b. The motion is DENIED with respect to Defendants Commonwealth of Pennsylv ania Department of Corrections and SCI Waymart. 2. The motion is DENIED as to Count II (Violations of FMLA) of Plaintiffs Complaint. However, summary judgment as to liability only shall be entered IN FAVOR OF the plaintiff and AGAINST the defendants on Plaintiffs FMLA interference claim. The remedies to which Plaintiff may be entitled present issues for trial. 3. The motion is DENIED as to Count III (Violations of FMLA -Retaliation) of Plaintiffs Complaint. 4. The motion is GRANTED as to Count I V (Violation of PHRA) and judgment is entered IN FAVOR OF the Defendants and AGAINST Plaintiff on this Count. 5. The motion is GRANTED with respect to Plaintiffs claim of Constructive Discharge and judgment is entered IN FAVOR OF the Defendants and A GAINST Plaintiff on this claim. 6. Defendants' motion for qualified immunity is DENIED. 7. Atelephone scheduling conference will be held on Wednesday, May 6,2015, at 2:15 p.m. Counsel for Plaintiff is responsible for arranging the call to (570) 2075750, and all parties should be ready to proceed before the undersigned is contacted.Signed by Honorable Robert D. Mariani on 4/30/15. (jfg)
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