Smith v. Donate et al
| Alan Smith |
| Janine Donate, Frank Chiarelli, Nancy Carrol, Bill Shanley, Isaac Hebron, Joseph Kearney, Scott Blume, Michael Mallick, Zemantauski, Jake Moskwa, Jason Talutto, Joseph Maloney, Doctor Zaloga and Rick Capone |
| 4:2010cv02133 |
| October 15, 2010 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Huntingdon |
| Martin C. Carlson |
| James F. McClure |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
161
MEMORANDUM AND ORDER: 1) The court adopts the r and r of MJ Carlson 150 .2) Summary judgment 102 is granted in favor of Dfts Donate, Maloney, Hebron, Kearney, and Chiarelli and against Pltf.3) Summary judgment is granted in favor of Mallick and ag ainst Pltf on the issue of conditions of confinement.4) Summary judgment is granted in favor of all Dfts, except Blume, Mallick and Talutto, and against Pltf, on Pltfs medical deliberate neglect claims. Summary judgment is denied as to Blume, Mallick , and Talutto on Pltfs claim that a caustic cleaning substance was sprayed in his eyes on 11/20/08, and dfts Blume, Mallick, and Talutto ignored his request for help, and denied him water to rinse out his eyes, for a period of time before transportin g Smith to be seen by medical personnel.5) Summary judgment is denied as to Dfts Carrol and Zemantauski on Pltfs failure to protect or intervene claim.6) Summary judgment is denied on Pltfs excessive force claim on the cell extraction of 11/21/08 as to Dfts Shanley, Blume and Mallick.7) Summary judgment is denied as to Dfts Moskwa and Talutto on the excessive force claim on the use of handcuffs.8) Summary judgment is denied as to Dfts Capone, Baum, Talutto and Mallick on the excessive force clai m arising out of the cell extraction.9) Summary judgment is denied as to the failure to protect claim againstCapone, Blume, Talutto, and Mallick on the verbal and deliberate disclosure toinmates of information relating to why Plaintiff was present at the prison (intent to incite inmates to assault Smith). Summary judgment is GRANTED as to the remaining Dfts on Pltfs claims which relate solely to alleged verbalharassment.10) The entry of the grants of summary judgment above shall be deferred until the conclusion of the case.11) A separate case management order setting forth a trial date and thedeadlines for the balance of this case will issue separately.Signed by Honorable Sylvia H. Rambo on 08/15/12 (ma, )
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Filing
149
MEMORANDUM ORDER - IT IS ORDERED as follows: On or before, July 9. 2012, the Defendants shall prepare and provide tothe Plaintiff a form of disclosure of the information in their possession,custody and control relating to instances which occurred bet ween 2001and 2011 in which individual Defendants were disciplined forinfractions involving failure to report the use of excessive force,misconduct relating to the preservation of evidence following inmateassaults, and neglect of duties in matters aff ecting institutional securitylike inmate assaults or escapes. Upon receipt of this information, if thePlaintiff believes that further disclosure are necessary, he shall renew this motion to compel on or before July 23, 2012. Signed by Magistrate Judge Martin C. Carlson on June 6, 2012. (kjn )
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Filing
148
MEMORANDUM AND ORDER: 1) The court adopts the r and r of MJ Carlson 144 .2) Dft Edward J. Zalogas mtn for summary judgment 106 is GRANTED.3) The Clerk of Court shall defer the entry of this judgment until theconclusion of this case.4) This case is remanded to MJ Carlson for further proceedings.Signed by Honorable Sylvia H. Rambo on 05/24/12 (ma, )
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Filing
136
MEMORANDUM ORDER - IT IS HEREBY ORDERED THAT plaintiffs motion to compel (Doc. 115 ) is GRANTED as follows: 1. Plaintiffs motion to compel is construed as a motion to enlarge the discovery period in this action only with respect to the two final interrogatories propounded upon defendant Shanley. 2. Defendant Shanley shall respond to the final two interrogatories within 20 days from the date of this Order. Signed by Magistrate Judge Martin C. Carlson on December 20, 2011. (kjn )
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Filing
120
MEMORANDUM ORDER denying 118 MOTION for Reconsideration filed by Alan Smith. Signed by Magistrate Judge Martin C. Carlson on November 30, 2011. (kjn )
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Filing
114
MEMORANDUM OPINION AND ORDER re 90 MOTION to Compel Discovery filed by Alan Smith. It is ORDERED that the pltfs motion to compel, (Doc. 90 ), is GRANTED, in part, and DENIED, in part,as follows: First, given Smiths concession that the dfts offer to make prison photographs available at trial meets his needs this particular request is now moot. Second, with respect to Smiths request for information regarding the make, model, and purchase date of the dfts video camera equipment, we note that t he dfts attest that this equipment was never used in the pltfs case to document his cell extraction. Since the equipment was never used here, its provenance is not relevant to the issues in this lawsuit, and the dfs have justifiably declined to rele ase this information to Smith and this request will be denied. Third, on or before December 1, 2011, we direct the dfts to provide to the Court for its in camera inspection any responsive personnel discipline records, along with the prison logs reque sted by Smith, and the log excerpts previously provided to Smith, in order to address Smiths concerns that the logs may reveal additional pertinent information beyond that contained in the log excerpts previously provided to the pltf. Armed with thi s information the Court can determine: (1)whether this information is relevant to the issues raised in this case; (2) whether it is subject to any valid claim of privilege recognized by the Federal Rules; and (3) to what extent, in what format, and under what conditions it may be released to the pltf. Signed by Magistrate Judge Martin C. Carlson on November 17, 2011. (kjn )
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Filing
81
MEMORANDUM ORDER - 65 MOTION to Compel filed by Alan Smith will be DISMISSED as moot. Signed by Magistrate Judge Martin C. Carlson on July 18, 2011. (kjn )
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