JACKSON v. O'BRIEN et al
| RHONSHAWN JACKSON |
| O'BRIEN, CLARK, BROWN, THARP, SZELEWSKI, WETZEL and JONES |
| 1:2018cv00032 |
| January 26, 2018 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
109
MEMORANDUM OPINION the Court finds that Defendants have met their burden of proof that Jackson failed to exhaust his available administrative remedies as to his retaliation claim against Sissem. As to his claim that O'Brien retaliated against hi m by denying law library access, Jackson met his burden of production to demonstrate that prison officials rendered the grievance process unavailable, thereby excusing his failure to exhaust his administrative remedies regarding this claim, and the D efendants have failed to meet their burden of proof on their affirmative defense regarding the retaliation claim against O'Brien. A supplemental judgment order addressing these claims will follow. Signed by Magistrate Judge Richard A. Lanzillo on 11/2/2021. (dm)
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Filing
98
ORDER Regarding Evidentiary Hearing pursuant to Small v. Camden County , 728 F.3d 265 (3d Cir. 2013). Signed by United States Magistrate Judge Richard A. Lanzillo on 8/20/2021. (mdb)
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Filing
90
MEMORANDUM OPINION re 84 MOTION for Reconsideration filed by RHONSHAWN JACKSON. Plaintiff Rhonshawn Jackson seeks reconsideration of the Court's Memorandum Opinion at ECF No. 82, which granted in part and denied in part the Defendants& #039; motion for summary judgment. Jackson's motion is GRANTED IN PART AND DENIED IN PART. The Court will amend its summary judgment order to permit Jackson to pursue a retaliation claim against Sgt. O'Brien for allegedly denying Jackson yard privileges and law library access. In all other respects, Jackson's motion is denied. Signed by Magistrate Judge Richard A. Lanzillo on 7/27/2021. (dm)
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Filing
82
MEMORANDUM OPINION and ORDER The Defendants' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiff may proceed on (1) Jackson's retaliation claim against Defendant Sissem arising out of his alleged monitoring and co pying of Jackson's correspondence, (2) Jackson's retaliation claim against Defendant Brown arising out his denial of yard privileges to Jackson, and (3) Jackson's retaliation claim against Brown based on threats of physical violence against Jackson. Summary judgment is granted in favor of all other Defendants on all other claims. Signed by Magistrate Judge Richard A. Lanzillo on 3/16/2021. (dm)
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Filing
67
MEMORANDUM OPINION re 55 MOTION for Summary Judgment filed by BROWN, O'BRIEN, SISSEM, SZELEWSKI, CLARK., Motions terminated: 55 MOTION for Summary Judgment filed by BROWN, O'BRIEN, SISSEM, SZEL EWSKI, CLARK. Defendants' motion is GRANTED as to Counts I, III and IV of the Amended Complaint. As to the retaliation claims at Count II, Defendants' motion is denied, without prejudice. Jackson is ordered to submit the exhibits refer enced in his appendix [ECF No. 62-1] within thirty (30) days of the date of this Memorandum Opinion and Order. Defendants may renew their motion for summary judgment as to those claims within fourteen (14) days thereafter. Signed by Magistrate Judge Richard A. Lanzillo on 9/24/2020. (dm)
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Filing
41
ORDER denying 40 Motion for Reconsideration. Signed by Magistrate Judge Richard A. Lanzillo on 4/17/2019. (dm)
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Filing
39
MEMORANDUM OPINION & ORDER re 19 Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by THARP, BROWN, O'BRIEN, JONES, WETZEL, SZELEWSKI, CLARK. Defendants' Partial Motion to Dismiss (ECF No. 19) is grant ed. Count Five (5) of the Amended Complaint and the claims against Defendant Tharp are dismissed with prejudice. Count Six (6) of the Amended Complaint and the claims against Defendants Wetzel and Jones are dismissed with leave to amend within twenty days of the date of this Opinion and Order. Signed by Magistrate Judge Richard A. Lanzillo on 3/22/2019. (dm)
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