NESTOR v. DIRECTOR OF NORTHEAST REGION BUREAU OF PRISONS et al

Filing 18

ORDER granting in part and denying in part Deft's 14 Motion for Summary Judgment, etc. Signed by Judge Robert B. Kugler on 12/18/2012. (drw)

NOT FOR PUBLICATION

(Document No. 14)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
___________________________________
:
BRIAN LEE NESTOR,
:
:
Plaintiff,
:
:
v.
:
:
:
DIRECTOR OF NORTHEAST REGION :
BUREAU OF PRISONS, et al.
:
:
Defendants. :
___________________________________ :

Civil No. 11-4683 (RBK/AMD)

ORDER

KUGLER, United States District Judge:
THIS MATTER having come before the Court upon Defendants Donna Zickefoose,
Jennifer Ordonez, Michael Smith, and Corey Kaough’s motion for summary judgment (Doc. No.
14), and the Court having considered the moving papers and responses thereto; and for the
reasons expressed in the Opinion issued this date;
IT IS HEREBY ORDERED that Defendant’s motion is GRANTED IN PART and
DENIED IN PART. The Court will grant summary judgment for Defendants on Plaintiff’s
claims under the Federal Tort Claims Act, the Prison Rape Elimination Act, section 42 U.S.C. §
1983 (2006), and the Fourteenth and Fifth Amendments. The Court will further grant
Defendants summary judgment on Plaintiff’s Eighth Amendment claims against Defendants
Zickefoose, Smith, and Kaough in their individual capacities. The Court will deny Defendant’s
motion for summary judgment on Plaintiff’s Eighth Amendment claim against Defendant

Ordonez in her individual capacity and against Defendant Zickefoose in her official capacity as
warden of Federal Correction Institution Fort Dix.

Dated:

12/18/2012

/s/ Robert B. Kugler
_
ROBERT B. KUGLER
United States District Judge