Buckley v. State Correctional Institution - Pine Grove et al

Filing 54

ORDER (memorandum filed previously as separate docket entry)1. Plaintiffs Motion for Judgment on the Supplemented Administrative Record (Doc. 36) is GRANTED. 2. Defendants Cross Motion for Judgment on the Supplemented Administrative Record (Doc. 38) is DENIED. 3. The decision of the Hearing Officer is REVERSED to the extent it ruled that Plaintiff was not denied a FAPE and declined to award compensatory education. It is AFFIRMED in all other respects. 4. Plaintiff is AWARDED full days of compensatory education for theschool days during which he was confined in SCI-Pine Groves Restricted Housing Unit. 5. The Clerk of Court is directed to CLOSE the file on this case. (eo)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA STEPHEN BUCKLEY, : : Plaintiff, : : v. : : STATE CORRECTIONAL INSTITUTION-: PINE GROVE and PENNSYLVANIA : DEPARTMENT OF CORRECTIONS, : : Defendants. : 1:13-cv-2022 Hon. John E. Jones III ORDER April 13, 2015 In accordance with the Memorandum issued on today’s date, IT IS NOW, HEREBY ORDERED THAT: 1. Plaintiff’s Motion for Judgment on the Supplemented Administrative Record (Doc. 36) is GRANTED. 2. Defendants’ Cross Motion for Judgment on the Supplemented Administrative Record (Doc. 38) is DENIED. 3. The decision of the Hearing Officer is REVERSED to the extent it ruled that Plaintiff was not denied a FAPE and declined to award compensatory education. It is AFFIRMED in all other respects. 1 4. Plaintiff is AWARDED full days of compensatory education for the school days during which he was confined in SCI-Pine Grove’s Restricted Housing Unit. 5. The Clerk of Court is directed to CLOSE the file on this case. s/ John E. Jones III John E. Jones III United States District Judge 2

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