GRIFFIN et al v. MILLER et al

Filing 105

OPINION/ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED; PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DENIED; SUMMARY JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS; AND THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 12/4/14. 12/5/14 ENTERED AND COPIES MAILED TO PRO SES' AND E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MONICA GRIFFIN;
SHABRE RINNGOLD; and
ISAIAH BOYER;
Plaintiffs
vs.
BERKS COUNTY HOUSING AUTHORITY,
SANDRA MILLER;
BENNO RUHNKE;
TANYA NELSON; and
DEIDRE DURHAM;
Defendants

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Civil Action
No. 10-cv-05740

O R D E R
NOW, this 4th day of December, 2014, upon consideration
of the following documents:
(1)

Defendants Housing Authority of the County of
Berks, Sandra Miller, Benno Ruhnke, and Tanya
Nelson’s Motion for Summary Judgment filed
August 11, 2014 (Document 76)(“Defendants’ Motion
for Summary Judgment”) 1, together with
(A)

(B)

1

Defendants Housing Authority of the County
of Berks, Sandra Miller, Benno Ruhnke, and
Tanya Nelson’s Brief in Support of Motion
for Summary Judgment (Document 76-1)
(“Defendants’ Brief in Support”)
Exhibit A to Defendants’ Brief in Support
(Document 76-1), Excerpts from May 23, 2014
Deposition of Monica Lee Griffin; and

Because defendant Durham joins, in toto, her co-defendants in
their motion for summary judgment and their opposition to plaintiffs’ motion,
any reference to Defendants’ Motion for Summary Judgment incorporates the
motion of defendant Durham.

(C)

Defendants Housing Authority of the County
of Berks, Sandra Miller, Benno Ruhnke, and
Tanya Nelson’s Concise Statement of Material
Facts in Support of Motion for Summary
Judgment (Document 77)(“Defendants’
Statement of Facts”); and
(i)

Exhibit A to Defendants’ Statement
of Facts (Document 77), Amended
Complaint filed March 5, 2012
(Document 30);

(ii) Exhibit B to Defendants’ Statement
of Facts (Document 77); Excerpts
from the May 23, 2014 Deposition
of Monica Lee Griffin;
(2)

Defendant Deidre Durham’s Motion for Summary
Judgment filed August 14, 2014 (Document 80),
together with
(A)

(B)

(3)

Defendant Deidre Durham’s Brief in Support
of Motion for Summary Judgment (Document 801); and
Defendant Deidre Durham’s Concise Statement
of Material Facts in Support of Motion for
Summary Judgment (Document 81);

Plaintiffs’ Monica Griffin, Shabre Ringgold, and
Isiah Boyer’s Motion for Summary Judgment filed
September 8, 2014 (Document 85)(“Plaintiffs’
Motion for Summary Judgment”), together with
(A)

Plaintiffs’ Monica Griffin, Shabre Ringgold,
and Isiah Boyer Concise Statements of
Material Facts in Support of Motion for
Summary Judgment (Document 86)(“Plaintiffs’
Statement of Facts”); and

(B)

Exhibits A through F to Plaintiff’s
Statement of Facts (jointly, Document 86);

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(4)

Plaintiffs’ Monica Griffin, Shabre Ringgold, and
Isiah Boyer’s Brief in Support of Motion for
Summary Judgment, which brief was filed
September 15, 2014 (Document 87)(“Plaintiffs’
Brief in Support”);

(5)

Plaintiffs’ Monica Griffin, Shabre Ringgold, and
Isiah Boyer’s Opposition to Defendants Motion for
Summary Judgment, which opposition was filed
September 15, 2014 (Document 88), together with
(A)

(B)

Exhibits A through E to Plaintiffs’ Brief in
Opposition (jointly, Documents 88 and 88-3) 2;

(C)

[First] Affidavit of Monica Griffin dated
September 10, 2014 (Document 88); and

(D)

[Second] Affidavit of Monica Griffin dated
September 11, 2014 (Document 88); and

(E)

(6)

Plaintiffs’ Monica Griffin, Shabre Ringgold,
and Isiah Boyer’s Brief in Support of
Opposition to Defendants Motion for Summary
Judgment (Document 88)(“Plaintiffs’ Brief in
Opposition”);

Exhibits [A]A through [A]F to Plaintiffs’
Statement of Facts (jointly, Documents 88-1
through 88-2);

Defendants Housing Authority of the County of
Berks, Sandra Miller, Benno Ruhnke, and Tanya
Nelson’s Brief in Opposition to Plaintiffs’
Motion for Summary Judgment, which brief in
opposition was filed September 29, 2014 (Document 89), together with

2
Paragraph 6 of the [First] Affidavit of Monica Griffin explains
that Exhibit D to Plaintiffs’ Brief in Opposition is a series of photographs.
Although the cover sheet for Exhibit D to Plaintiffs’ Brief in Opposition
appears in Document 88 (specifically, as page 21 of 31), the photographs
themselves appear electronically on the docket as Document 88-3
(specifically, as pages 1 through 11 of 11).

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(A)

(7)

Defendants Housing Authority of the County
of Berks, Sandra Miller, Benno Ruhnke, and
Tanya Nelson’s Concise Statement in Response
to Plaintiffs’ Concise Statement of Material
Facts in Support of [Plaintiffs’] Motion for
Summary Judgment (Document 90)(“Defendants’
Brief in Opposition”); and

Defendant Deidre Durham’s Brief in Opposition to
Plaintiffs’ Motion for Summary Judgment, which
brief in opposition was filed October 2, 2014
(Document 91), together with
(A)

Defendant Deidre Durham’s Concise Statement
in Response to Plaintiffs’ Concise Statement
of Material Facts in Support of [Plaintiffs’] Motion for Summary Judgment
(Document 92);

and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that Defendants’ Motion for Summary
Judgment is granted.
IT IS FURTHER ORDERED that Plaintiffs’ Motion for
Summary Judgment is denied.
IT IS FURTHER ORDERED that summary judgment is entered
in favor of defendants Berks County Housing Authority, Sandra
Miller, Benno Ruhnke, Tanya Nelson, and Deidre Durham, and
against plaintiffs Monica Griffin, Shabre Ringgold, and Isaiah
Boyer on the claims remaining in the Amended Complaint filed
March 5, 2012 (Document 30).

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IT IS FURTHER ORDERED that the Clerk of Court shall
mark this case closed for statistical purposes.

BY THE COURT:

/s/ JAMES KNOLL GARDNER ___
James Knoll Gardner
United States District Judge

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