HOUSEKNECHT v. JOHN DOE et al

Filing 81

ORDER THAT THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 8/28/09. 8/31/09 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL. (jpd)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMIE EDWARD HOUSEKNECHT v. JOHN DOE, et al. : : : : : ORDER AND NOW, this 28th day of August, 2009, upon consideration of the defendants' Motion for Summary Judgment (Docket No. 43), and the plaintiffs' opposition thereto, and for the reasons stated in a memorandum of law bearing today's date, IT IS HEREBY ORDERED that the defendant's motion is GRANTED in part and DENIED in part without prejudice, as follows: 1. The defendants' motion is GRANTED with respect to CIVIL ACTION

NO. 06-4597

the plaintiffs' claim under the First Amendment for violation of his religious rights. Judgment is hereby entered in favor of the

defendants on that claim. 2. The defendants' motion is DENIED without prejudice

with respect to the plaintiffs' retaliation claim. 3. Within thirty days of this Order, the defendants

shall provide to the plaintiff all notes, journal entries, or communications regarding the plaintiff's involvement with the sexual offenders therapy group. The plaintiff may also, within

thirty days of this Order, send additional interrogatories to the defendants asking them to explain the specific episodes or behaviors that they relied on in making their decision to remove

him from the group.

The defendants shall then have twenty days Upon receipt of the

to respond to those interrogatories.

defendants' response to his interrogatories, the plaintiff shall then have thirty days to send to the Court a supplemental brief explaining whether, on the basis of the evidence presented to him by the defendants, he believes any issues of material fact remain with respect to whether he can establish the causation element of his retaliation claim. The plaintiff shall include in his filing The defendants shall

copies of the evidence on which he relies.

then have two weeks to respond to the plaintiff's brief.

BY THE COURT:

/s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J.

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