Forshey v. Huntingdon County et al

Filing 77

ORDER: In accord with the Memorandum 76 filed this date; 1) The Report and Recommendation 73 of MJ Mehalchick is adopted. 2) Dfts partial mtn for summary judgment 61 is GRANTED IN PART AND DENIED IN PART as follows:a. Dfts mtn for summary judgm ent on Forsheys conditions of confinement claim is DENIED;b. Dfts Bair and Black are not entitled to qualified immunity on Forsheys conditions of confinement claim;c. The mtn for summary judgment of Dfts Bair and Black, in their individual and offici al capacities, regarding Forsheys deliberate indifference to a serious medical need is GRANTED;d. Dfts mtn for summary judgment on any Monell liability for Forsheys conditions of confinement claim related specifically to the running of showers while not in use is DENIED; ande. Dfts mtn for summary judgment on any Monell liability for Forsheys deliberate indifference claim arising from Nurse Watkins conduct is GRANTED.3) Counsel shall confer with each other and submit a revised joint casemanagement plan for the disposition of this case. The plan shall besubmitted by 1/30/17.4) A case management conference will be held on 2/8/17 at 9:15 a.m. Signed by Honorable Sylvia H. Rambo on 1/12/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRIAN FORSHEY, an incapacitated :
person, by the guardian of his person :
:
and estate, LINDA J. FORSHEY,
:
:
Plaintiff,
:
:
v.
:
:
HUNTINGDON COUNTY, et al.,
:
:
Defendants.

Civil No. 1:13-cv-0285

Judge Sylvia H. Rambo

ORDER
AND NOW, this 12th day of January, 2017, IT IS HEREBY
ORDERED as follows:
1) The Report and Recommendation of Magistrate Judge Mehalchick is
adopted. (Doc. 73.)
2) Defendants’ partial motion for summary judgment (Doc. 61) is GRANTED
IN PART AND DENIED IN PART as follows:
a. Defendants’ motion for summary judgment on Forshey’s conditions
of confinement claim is DENIED;
b. Defendants Bair and Black are not entitled to qualified immunity on
Forshey’s conditions of confinement claim;
c. The motion for summary judgment of Defendants Bair and Black, in
their individual and official capacities, regarding Forshey’s deliberate
indifference to a serious medical need is GRANTED;

d. Defendants’ motion for summary judgment on any Monell liability for
Forshey’s conditions of confinement claim related specifically to the
running of showers while not in use is DENIED; and
e. Defendants’ motion for summary judgment on any Monell liability for
Forshey’s deliberate indifference claim arising from Nurse Watkins’
conduct is GRANTED.
3) Counsel shall confer with each other and submit a revised joint case
management plan for the disposition of this case. The

plan

shall

be

submitted by January 30, 2017.
4) A case management conference will be held on February 8, 2017 at 9:15
a.m. via telephone. The placement of the telephone conference call is the
responsibility of Plaintiff. The telephone number of the court is 717-2213960.

s/Sylvia Rambo
SYLVIA H. RAMBO
United States District Judge

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