BISTRIAN v. WARDEN TROY LEVI et al

Filing 569

MEMORANDUM AND ORDER THAT MOTON FOR SUMMARY JUDGMENT (DOC. 552) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/19/23. 10/19/23 ENTERED AND COPIES E-MAILED.(rf, )

Case 2:08-cv-03010-CMR Document 569 Filed 10/19/23 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PETER BISTRIAN
Plaintiff,
v.

CIVIL ACTION NO. 08-3010

WARDEN TROY LEVI, FDC
PHILADELPHIA, et al.,
Defendants.
ORDER
AND NOW, this 19th day of October 2023, upon consideration of Defendant James
Gibbs’s Motion for Summary Judgment [Doc. No. 552] and the counseled response and reply
thereto, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby
ORDERED that Defendant’s Motion for Summary Judgment is GRANTED in part and
DENIED in part as follows:
1.

Summary Judgment is DENIED as to the remaining claim (failure to protect)

against Defendant James Gibbs.
2.

Summary Judgment is DENIED as to Plaintiff’s ability to pursue damages for

back pain and mental pain and suffering.
3.

Summary Judgment is GRANTED as to Plaintiff’s ability to pursue damages for

hearing loss.
It is further ORDERED that, upon consideration of Plaintiff’s Motion to Rest Upon His
Prior Submissions Concerning Summary Judgment or for Alternative Relief [Doc. No. 561] and
the response and reply thereto, the Motion is GRANTED.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.