Harvey et al v. Cline et al
||Vincent Harvey and Richard Hawkins
||D. Cline, Tammy Ferguson, PA Department of Corrections and Michael Peterson
||May 4, 2018
||US District Court for the Middle District of Pennsylvania
||Richard P. Conaboy
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|April 27, 2021
ORDER - In accord with the accompanying Memorandum 89 : 1. Dfts mtn for reconsideration 83 is GRANTED, and the portions of the Courts 2/26/21 Memorandum and Order 81 and 82 denying summary judgment with respect to Pltf Harveys Eighth Amendment failure to protect and denial of medical care claims against Dft Cline are VACATED;2. Dfts mtn for summary judgment 75 is GRANTED with respect to Pltf Harveys Eighth Amendment failure to protect and denial of medical care claims against Dft Cline; 3. Dfts second mtn for summary judgment 85 is GRANTED as to Pltfs First Amendment retaliation claims and Pltf Harveys damages claims;4. The Clerk of Court is directed to enter judgment in favor of Dfts Cline, Ferguson, and the DOC and against Pltfs Harvey and Hawkins as to all of Pltfs claims asserted against them pursuant to 42 U.S.C. § 1983;5. Pltfs state law tort claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3); and6. The Clerk of Court is directed to CLOSE the above-captioned action. Signed by Honorable Sylvia H. Rambo on 4/27/21. (ma)
|February 26, 2021
ORDER - In accord with the accompanying Memorandum 81 : 1. Dfts mtn for summary judgment 75 is GRANTED IN PART and DENIED IN PART, as follows:a. GRANTED with respect to: (1) Pltfs § 1983 claims against Dft DOC; (2) Pltfs § 1983 claims a gainst Dft Ferguson; (3) Pltf Hawkins § 1983 Eighth Amendment claims against Dft Cline; (4) Pltfs Fourteenth Amendment due process claims concerning the loss of property; and (4) Pltfs § 1983 civil conspiracy claims against Dfts, and the Cl erk of Court is directed to defer the entry of judgment in favor of Dfts on these claims until the conclusion of the above-captioned proceedings;b. The motion (Doc. No. 75) is DENIED WITHOUT PREJUDICE with respect to (1) Plaintiffs First Amendment re taliation claims; and (2) Plaintiffs state law claims against Defendants;c. The mtn (Doc. No. 75) is DENIED with respect to Pltf Harveys § 1983 Eighth Amendment claims regarding failure to protect and denial of medical care against Dft Cline; an d2. Dfts may file, within (30) days of the date of this Order, a second mtn for summary judgment addressing Pltfs First Amendment retaliation claims, as well as Pltfs state law claims against Dfts. Signed by Honorable Sylvia H. Rambo on 2/26/21. (ma)
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