WHALING v. ERIE COUNTY PRISON et al
| MARK J. WHALING |
| ERIE COUNTY PRISON, JAMES VESHECCO, SHAWN WILSON, MARK OLOWIN, "NURSE BRIDGET", JOHN & JANE DOE(S), JOEY AGANELLO, RICCI and JOHN DOE OFFICERS |
| 1:2008cv00210 |
| July 24, 2008 |
| US District Court for the Western District of Pennsylvania |
| Prisoner Civil Rights (Prison Condition) Office |
| Erie |
| Sean J. McLaughlin |
| Susan Paradise Baxter |
| Plaintiff |
| Federal Question |
| 42:1983pr Prisoner Civil Rights |
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Filing
54
MEMORANDUM ORDER granting 48 Defendants' [Partial] Motion to Dismiss Plaintiff's Second Amended Complaint; adopting 53 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 06/14/2011. (kas)
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Filing
43
MEMORANDUM ORDER: AND NOW, to wit, this 22nd day of June, 2010, upon consideration of the ECP Defendants' Motion for Reconsideration of this Court's Amended Memorandum Judgment Order 34 dated February 4, 2010, IT IS HEREBY ORDERED that sa id motion is GRANTED inasmuch as this Court has considered the Defendants' motion 25 for a summary judgment relative to the Plaintiff's remaining § 1983 claim based on the Defendants' assertion that Plaintiff has failed to exhau st his administrative remedies pursuant to the PLRA. IT IS FURTHER ORDERED, however, that the ECP Defendants' request for substantive relief is DENIED, as the Court finds that the Defendants have failed to demonstrate the absence of a genuine issue of material fact concerning this affirmative defense. Signed by Judge Sean J. McLaughlin on 06/22/2010. (kas)
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Filing
34
AMENDED MEMORANDUM JUDGMENT ORDER: AND NOW, this 4th Day of February, 2010, IT IS ORDERED that Defendants Hillkirk and Patty Doe's Motion to Dismiss Plaintiff's Amended Complaint 22 be, and hereby is, GRANTED. Inasmuch as said motion was previously converted by the Magistrate Judge to a motion for summary judgment, JUDGMENT is hereby entered in favor of Defendants Hillkirk and Patty Doe and against Plaintiff Mark Whaling. IT IS FURTHER ORDERED that the Motion to Dismiss Amended Com plaint filed on behalf of the ECP Defendants 25 be, and hereby is, GRANTED in part and DENIED in part as follows: (1) said motion will be DENIED as to the Plaintiff's Eighth Amendment claim asserting cruel and unusual punishment relative to th e Erie County Prison Defendants' utilization of the restraint chair; and (2) said motion will be GRANTED as to Plaintiff's state law claims inasmuch as Defendants are entitled to immunity from such claims under Pennsylvania's Political Subdivision Tort Claims Act, 42 Pa. C.S.A. §§ 8541, et seq., and none of the statutory exceptions to immunity apply to such claims; and (3) said motion will be GRANTED in all other respects. Inasmuch as the Magistrate Judge previously con verted said motion to a motion for summary judgment, JUDGMENT is hereby entered in favor of the Erie County Prison Defendants and against Plaintiff Mark Whaling as to all claims, save Plaintiff's Eighth Amendment claim asserting cruel and unusua l punishment relative to the Defendants' utilization of the restraint chair. The Report and Recommendation of Magistrate Judge Baxter dated November 30, 2009 29 is adopted, in part, as the opinion of this Court to the extent set forth herein. IT IS FURTHER ORDERED that the terms of this Order supersede those set forth in this Court's previous order of February 3, 2010, and the Court's Order of February 3, 2010 is hereby VACATED. Signed by Judge Sean J. McLaughlin on 02/04/2010. (kas)
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Filing
33
MEMORANDUM JUDGMENT ORDER: AND NOW, this 3rd Day of February, 2010, IT IS ORDERED that Defendants Hillkirk and Patty Doe's Motion to Dismiss Plaintiff's Amended Complaint 22 be, and hereby is, GRANTED. Inasmuch as said motion was previou sly converted by the Magistrate Judge to a motion for summary judgment, JUDGMENT is hereby entered in favor of Defendants Hillkirk and Patty Doe and against Plaintiff Mark Whaling. IT IS FURTHER ORDERED that the Motion to Dismiss Amended Complaint f iled on behalf of the ECP Defendants 25 be, and hereby is, GRANTED in part and DENIED in part as follows: (1) said motion will be DENIED as to the Plaintiff's retaliation claim against the Erie County Prison Defendants concerning his placement in administrative custody; and 2) said motion will be GRANTED as to all of Plaintiff's state law claims inasmuch as Defendants are entitled to immunity from such claims under Pennsylvania's Political Subdivision Tort Claims Act, 42 Pa. C.S .A. §§ 8541, et seq., and none of the statutory exceptions to immunity apply to such claims; (3) said motion will be GRANTED in all other respects. Inasmuch as the Magistrate Judge previously converted said motion to a motion for summary ju dgment, JUDGMENT is hereby entered in favor of the Erie County Prison Defendants and against Plaintiff Mark Whaling as to all claims, save Plaintiff's retaliation claim based on his placement in administrative custody.The Report and Recommendation of Magistrate Judge Baxter dated November 30, 2009 29 is adopted, in part, as the opinion of this Court to the extent set forth herein. Signed by Judge Sean J. McLaughlin on 02/03/2010. (kas)
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Filing
29
REPORT AND RECOMMENDATION recommending that 22 MOTION to Dismiss the Amended Complaint of Plaintiff filed by PATTY JANE DOE, "NURSE BRIDGET", be granted and that 25 MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by ERIE COUNTY PRISON, SHAWN WILSON, MARK OLOWIN, ROBERT KREMENIK, LESLIE DANOWS KI, EUGENE RICCI, THOMAS LOFTUS, CRAIG OWENS, BRIAN AMES, WILLIE DAMPER, ANDREW PARKS, ADAM JOHNSON, JOEY AGANELLO, JAMES VESHECCO, EDWARD YEANEY be granted. Objections to R&R due by 12/17/2009. Signed by Judge Susan Paradise Baxter on 11/30/2009. (fcf)
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