AUSTIN v. HILL et al

Filing 38

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED IN THIS ORDER. MOTION IN LIMINE DUE BY 6/2/2014., PLAINTIFF PRETRIAL MEMO DUE BY 6/2/2014., DEFENDANT PRETRIAL MEMO DUE BY 6/2/2014., TRIAL DATE IS SET FOR 7/21/2014 AT 10:00 A.M. IN COURTROOM 4-A BEFORE HONORABLE THOMAS N. ONEILL JR. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 4/8/14. 4/9/14 ENTERED AND COPIES E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHAUN AUSTIN
v.
LEON HILL, et. al.

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CIVIL ACTION
NO. 11-2847

ORDER
AND NOW, this 8th day of April, 2014, upon consideration of the motion for summary
judgment filed by defendants Northampton County, Correctional Officer Leon Hill, Correctional
Officer Jamie Brannon and Lieutenant Joseph Kospiah and plaintiff Shaun Austin’s response and
consistent with the accompanying memorandum of law, it is ORDERED that the motion for
summary judgment is GRANTED in PART and DENIED in PART as follows:
1) DENIED with respect to plaintiff’s § 1983 claims against individual defendants Hill
and Brannon;
2) GRANTED with respect to plaintiff’s § 1983 claim against defendant Lieutenant
Joseph Kospiah and JUDGMENT is entered in favor of defendant Lieutenant Joseph
Kospiah and against plaintiff Shaun Austin on Count I of the amended complaint;
3) DENIED with respect to plaintiff’s Monell claim against Northampton County to the
extent that the claim is based on NCP’s practice or custom of housing both
administrative and protective custody inmates on L Tier;
4) GRANTED with respect to plaintiff’s Monell claim against Northampton County to
the extent that the claim is based on NCP’s practice or custom of allowing inmates
access to razor blades and JUDGMENT is entered in favor of defendant Northampton
County and against plaintiff Shaun Austin on this claim;

5) GRANTED with respect to plaintiff’s state law claims for intentional infliction of
emotional distress and aiding and abetting and JUDGMENT is entered in favor of
defendants Officer Jamie Brannon and Officer Leon Hill and against plaintiff Shaun
Austin on Counts III, IV, V and VI of the amended complaint;
6) trial is SCHEDULED for Monday, July 21, 2014 at 10:00 A.M. in Courtroom 4A of
the United States Courthouse, Philadelphia PA;
7) motions in limine or other matters requiring the court’s attention, if any, are to be
filed no later than June 2, 2014. Responses to any such motions shall be filed on or
before June 16, 2014; and
8) Pretrial memoranda and amended points for charge and verdict sheets should be filed
no later than June 2, 2014;
If the parties believe a settlement conference would be productive they should contact my
deputy Mr. Charles Ervin (267-299-7559) promptly.
_/s/ Thomas N. O’Neill Jr._________
THOMAS N. O’NEILL, JR., J.

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