Sammons v. Doe (alias)

Filing 65

MEMORANDUM. Signed by Judge Sue L. Robinson on 3/27/2017. (nmg)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE . WALTER SAMMONS, Plaintiff, v. RONALD ANAYA, Defendant. .) ) ) ) ) Civil Action No. 14-260-SLR ) ) ) ) MEMORANDUM At Wilmington thisJ-1" day of March, 2017, havi~g considered plaintiff's motion for reconsideration (D.I. 62); 1. Introduction. Plaintiff, an inmate at the James T. Vaughn Correctional Center, Smyrna, Delaware, moves for reconsideration of the March 2, 2016 memorandum and order that granted summary judgment in favor of defendant and against plaintiff. (See D.I. 55, 56) The purpose of a motion for reconsideration is to "correct manifest errors of law or fact or to present newly discovered evidence." Max's Seafood Cafe ex rel. Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999). "A proper Rule 59(e) motion ... must rely on one of three grounds: (1) an intervening change in controlling law; (2) the availability of new evidence; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice. Lazaridis v. Wehmer, 591 F.3d 666, 669 (3d Cir. 2010) (citing N. River Ins. Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995). 2. Discussion. Plaintiff seeks reconsideration on the grounds that: (1) although the court considered that plaintiff's injuries were de minimus, plaintiff claims excessive force because he was choked and hit with a can of mace while he was handcuffed to a waist belt and shackled around his ankles, and defendant's actions served no interest in carrying out defendant's stated desire; (2) plaintiff stated that defendant choked him and hit him with a can of mace, defendant stated he did not choke or hit plaintiff, and plaintiff submitted evidence of defendant's fingermarks on ·plaintiff's neck to show that defendant was not telling the truth; and (3) even were the court to consider plaintiff's injuries de minimus, the court did not address plaintiff's claim . . of damages for mental injuries. 3. The court has reviewed the filings in this case and has considered plaintiff's position in the instant motion. The court reiterates, as stated in the March 2, 2016 memorandum and based upon the evidence of record, that defendant's use of force on the day in question was objectively reasonable.· The court finds that plaintiff has failed to demonstrate grounds for reconsideration and, therefore, his motion will be denied. 4. ·Conclusion. For the above reasons, the court will deny the motion for reconsideration. (D.I. 62) A separate order shall issue. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?