ROBINSON v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 83

ORDER that Defendants Motions for Summary Judgment are GRANTED in part and DENIED in part as follows:1. Summary Judgment is GRANTED as to Plaintiffs adequacy of care and retaliation claims against the Medical Defendants, brought under § 1983, on the basis of withholding or refusing to prescribe pain medications.2. Summary Judgment is DENIED as to Plaintiffs adequacy of care and retaliation claims against the Medical Defendants on the basis of discontinuing his wheelchair access.3. Summary J udgment is GRANTED as to Plaintiffs ability to pursue punitive damages for his claim under the Americans with Disabilities Act and Rehabilitation Act (ADA and RA) against the DOC.24. Plaintiffs claim challenging the DOCs accommodation policy under th e ADA and RA is DISMISSED for lack of jurisdiction.5. Summary Judgment is DENIED in all other respects as to Plaintiffs claim against the DOC under the ADA and RA.It is further ORDERED that on or before April 10, 2024, the parties, through counsel, s hall jointly report to the Court, in writing, as to whether they wish to have a settlement conference before a magistrate judge and, if so, indicate by what date they will be prepared to commence such proceedings. This joint report should not be filed of record but submitted to Chambers by email. SIGNED BY DISTRICT JUDGE CYNTHIA M. RUFE ON 3/26/2024. 3/26/2024 ENTERED AND COPIES E-MAILED.(kp)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HARVEY MIGUEL ROBINSON, JR.
Plaintiff,
v.
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS, DR. DENISE DANIEL
(f/k/a DENISE SMYTH), and
NURSE LORI SCHULTZ
(f/k/a LORI RIDINGS)

CIVIL ACTION NO. 20-2978

Defendants.
ORDER
AND NOW, this 26th day of March 2024, upon consideration of Defendants Dr. Denise
Daniel (f/k/a Denise Smyth) and Nurse Lori Schultz’s, CRNP (f/k/a Lori Ridings) (collectively,
the “Medical Defendants”) Motion for Summary Judgment [Doc. No. 73], Defendant
Pennsylvania Department of Corrections’ (“DOC”) Motion for Summary Judgment
[Doc. No. 74], and the responses and replies thereto, and for the reasons stated in the
accompanying Memorandum Opinion, it is hereby ORDERED that Defendants’ Motions are
GRANTED in part and DENIED in part as follows:
1.

Summary Judgment is GRANTED as to Plaintiff’s adequacy of care and

retaliation claims against the Medical Defendants, brought under § 1983, on the basis of
withholding or refusing to prescribe pain medications.
2.

Summary Judgment is DENIED as to Plaintiff’s adequacy of care and retaliation

claims against the Medical Defendants on the basis of discontinuing his wheelchair access.
3.

Summary Judgment is GRANTED as to Plaintiff’s ability to pursue punitive

damages for his claim under the Americans with Disabilities Act and Rehabilitation Act (“ADA”
and “RA”) against the DOC.

4.

Plaintiff’s claim challenging the DOC’s accommodation policy under the ADA

and RA is DISMISSED for lack of jurisdiction.
5.

Summary Judgment is DENIED in all other respects as to Plaintiff’s claim

against the DOC under the ADA and RA.
It is further ORDERED that on or before April 10, 2024, the parties, through counsel,
shall jointly report to the Court, in writing, as to whether they wish to have a settlement
conference before a magistrate judge and, if so, indicate by what date they will be prepared to
commence such proceedings. This joint report should not be filed of record but submitted to
Chambers by email to [e-mail].
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.

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