Hagan v. Harris et al

Filing 164

MEMORANDUM ORDER - IT IS ORDERED that the motion to seal Exhibit A to Doc. 154 (Doc. 155 ) is GRANTED and that exhibit is hereby SEALED, pending further order of court. Motion to Stay 161 is also GRANTED. Motion to correct errata 160 is also GRANTED. Signed by Magistrate Judge Martin C. Carlson on December 23, 2015. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAMONT HAGAN,
Plaintiff
v.
QUENTIN DOLPHIN, et al.,
Defendants

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Civil No. 1:13-CV-2731
(Magistrate Judge Carlson)

MEMORANDUM ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

The plaintiff in this action, Damont Hagan, is an inmate in the custody of the
Pennsylvania Department of Corrections, (DOC) currently housed at the State
Correctional Institution at Huntingdon.

In this case, Hagan has sued various

individuals, all of whom are contracted with or employed by the DOC, alleging that
the defendants engaged in a conspiracy to modify his health diagnosis and discontinue
his prescription medications in order to keep him hidden from certain Department of
Justice officials who were intending to tour the facility and interview inmates as part
of an investigation. Hagan also alleges that the defendants took these actions to
retaliate against him for filing grievances and other litigation against prison staff.
Additionally, Hagan alleges that the defendants prolonged his detention in segregated
housing, and exhibited deliberate indifference to his serious medical needs, in

violation of the Eighth Amendment.
We now consider several motions in this case.
First, Hagan has filed a motion indicating that his claims against defendants
Wetzel, Swisher and Marsh have been settled and resolved. (Doc. 154.) Along with
this motion, Hagan has filed a motion to seal the terms of that purported settlement,
which is set forth in Exhibit A to Doc. 154. (Doc. 155.) Pending confirmation from
corrections counsel that all parties are in agreement on the terms of a settlement, we
will hold the motion for settlement, (Doc. 154) in abeyance, but IT IS ORDERED that
the motion to seal Exhibit A to Doc. 154 (Doc. 155) is GRANTED and that exhibit
is hereby SEALED, pending further order of court.
In addition, Hagan has filed a motion to stay his briefing requirements on the
corrections’ defendants motion for summary judgment, pending confirmation of the
settlement of the claims against these corrections defendants. (Doc. 161.) This motion
is also GRANTED.
Further, Hagan has filed a motion to correct an errata contained in a brief which
he filed in opposition to a motion for summary judgment filed by a non-correctional
medical defendant, Defendant Dolphin. (Doc. 160.) This motion is also GRANTED,
and the corrections to this brief made by Hagan will be noted by the court.

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So ordered this 23d day of December, 2015.
S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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