Holbrook et al v. Jellen et al
| Robert L. Holbrook, Human Rights Coalition and Kristi Brian |
| Theresa Jellen, David Varano, Nancy Wilson, Dorina Varner, Diana Woodside and Vincent Mooney |
| 3:2014cv00028 |
| January 9, 2014 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Northumberland |
| Thomas M. Blewitt |
| A. Richard Caputo |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
133
ORDER ADOPTING REPORT AND RECOMMENDATIONS; (1) Defendant's Motion for Summary Judgment 84 is granted in part and denied in part. (a) JUDGMENT is entered in favor of Defendants with respect to all damages claims under Counts I, III(d), IV, and VII of the Second Amended Complaint. (2) Plaintiffs' Motion for Partial Summary Judgment 95 is granted in part and denied in part. (a) JUDGMENT is entered as to liability in favor of Plaintiffs with respect to alldamages claims under Counts II , III(a), III(b), and VI of the Second AmendedComplaint. (3) Plaintiffs claims for prospective injunctive relief are DISMISSED as moot. (4) Count VIII of the Second Amended Complaint is DISMISSED with prejudice for failure to state a claim upon whic h relief can be granted.(5) JUDGMENT is entered in favor of Defendants with respect to any damages claims against Defendants in their official capacities. (6) This case is placed on the DECEMBER 2017 Trial List. A pre-trial order will follow.Signed by Honorable A. Richard Caputo on 10/3/17. (dw)
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Filing
69
ORDER (memorandum filed previously as separate docket entry). Upon consideration of the plaintiffs motion to compel discovery (Doc. 60) and after review of the parties submissions, it is hereby ORDERED as follows:1.The request of the defendant (Doc. 64) to vacate the order of May 5, 2015 is DENIED.2.The stay imposed on May 15, 2015 of the order dated May 5, 2015 (Doc. 62) is hereby LIFTED as to Request for Production Nos. 2, 8, 12, and 13; and Interrogatory Nos. 12, 28, and 37.3. The May 5, 201 5 order is STAYED as to Request for Production No. 10. The defendant shall provide the following documents to the court for an in camera review:a.November 17, 2009 email authored by former Assistant Counsel Dave Farney to Mailroom Supervisor at SCI- Laurel Highlands Gail Beers;b.May 19, 2010 email authored by former Assistant Counsel Dave Farney to Mailroom Supervisor SCI-Greensburg Kandace Gettins;c.April 22, 2011 email authored by former Assistant Counsel Dave Farney to Mailroom Supervisor Kim Ulisny and Institutional Business Manager Mike Spencer at SCI-Graterford;d.December 15, 2011 legal memorandum authored by Assistant Counsel Debra Sue Rand to the Dorina Varner at Central Office;e.January 19, 2012 email authored by Assistant Counsel Debra Sue Rand to Grievance Officer Leilani Sears (deceased) at Central Office;f.March 7, 2012 email authored by Deputy Chief Counsel Randall Sears to the Secretarys Office of Inmate Grievances and Appeals at Central Office; andg.July 26, 2012 legal memorandum authored by Assistant Counsel Debra Sue Rand to former Chief Counsel Suzanne N. Hueston on the subject of hate speech.4.In all other respects, the plaintiffs motion to compel discovery (Doc. 60) is GRANTED.5.All documents shall be inspecte d and/or produced and all answers to interrogatories shall be made within fourteen (14) days of the date of this order.6.The defendants shall provide those documents set forth in paragraph 3 of this order to the undersigned for an in camera review within fourteen (14) days of the date of this order.Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/3/15. (ms)
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Filing
11
ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that:1.The Report & Recommendation (Doc. 8) is ADOPTED. 2.Defendants Motion to Dismiss (Doc. 5) is GRANTED in part and DENIED in part. Defendants Motion is GRANTED with respect to Pla intiffs claims seeking monetary damages against state actor Defendants in their official capacities, and these claims are DISMISSED with prejudice. Plaintiffs claim for a declaratory judgment against Defendants is DISMISSED without prejudice. Defen dants Motion is DENIED with respect to Plaintiffs claims against supervisory Defendants and Plaintiffs First Amendment claims. 3.This case is RECOMMITTED to Magistrate Judge Blewitt for further proceedings. Signed by Honorable A. Richard Caputo on 5/14/14. (jam)
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