Liddick v. Tritt et al

Filing 82

ORDER: 1) The r and r 81 of M.J. Schwab is ADOPTED;2) Dft's Summary judgment mtn 59 is GRANTED to dfts on the following issues for Liddicks failure to file a grievance:a. September 12, 2012 re: CO Snyderb. September 17, 2012 re: RN Shortsc. September 17, 2012 re: CO Suzadail, CO Sierdzinski and RN Wilsond. September 17, 2012 re: CO Sierdzinskie. September 19, 2012 re: CO Suzadailf. September 27, 2012 re: placement in MHUg. October 20, 2012 re: placement in POCh. October 23, 2012 re: leg al documentsi. December 22, 2013 re: transfer from cell AA1001 to cell AA10143) Summary judgment is GRANTED as to Grievance # 428302 for failure to exhaust administrative remedies;4) Summary judgment is GRANTED as to Grievance # 510007 for failure to name any of the defendants in the grievance;5) Summary judgment is GRANTED as to CO Krah, CO Bresnock and Hearing Examiner Luquis on Plaintiffs First Amendment retaliation claim related to Misconduct B408555;6) Summary judgment is DENIED as to the f ollowing claims:a. First Amendment retaliation claim against CO Snyder regarding her alleged interference with Liddicks sick call visit on March 13, 2014;b. First Amendment retaliation claim against CO Suzadail and CO Sierdzinski regarding the allege dly false Misconduct B408555 that they issued to Liddick on September 17, 2012;c. Fourteenth Amendment due process claim against CO Krah, CO Bresnock, and Hearing Examinder Luquis for allegedly refusing to allow Liddick to call witnesses, present evi dence, and have an impartial hearing examiner for his hearing on Misconduct B408555;d. First Amendment retaliation claim against CO Montemurno regarding the allegedly false Misconduct B400721 that she issued to Liddick on 4/5/14;7) Jury selection and trial in this matter will commence on 11/6/17 at 1:30 p.m.Signed by Honorable Sylvia H. Rambo on 9/21/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WAYNE LIDDICK,
Plaintiff,
v.
BRENDA TRITT, et al.,
Defendant.

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Civil No. 1:14-cv-1813

Judge Sylvia H. Rambo

ORDER
Before the court is a report and recommendation filed by the magistrate
judge. Objections were due on September 14, 2017, and, to date, none have been
filed. Upon review of the report and recommendation and the law applicable to the
issues in the case, IT IS HEREBY ORDERED as follows:
1) The report and recommendation is ADOPTED;
2) Summary judgment is GRANTED to defendants on the following issues for
Liddick’s failure to file a grievance:
a.
b.
c.
d.
e.
f.
g.
h.
i.

September 12, 2012 re: CO Snyder
September 17, 2012 re: RN Shorts
September 17, 2012 re: CO Suzadail, CO Sierdzinski and RN Wilson
September 17, 2012 re: CO Sierdzinski
September 19, 2012 re: CO Suzadail
September 27, 2012 re: placement in MHU
October 20, 2012 re: placement in POC
October 23, 2012 re: legal documents
December 22, 2013 re: transfer from cell AA1001 to cell AA1014

3) Summary judgment is GRANTED as to Grievance # 428302 for failure to
exhaust administrative remedies;

4) Summary judgment is GRANTED as to Grievance # 510007 for failure to
name any of the defendants in the grievance;
5) Summary judgment is GRANTED as to CO Krah, CO Bresnock and
Hearing Examiner Luquis on Plaintiff’s First Amendment retaliation claim
related to Misconduct B408555;
6) Summary judgment is DENIED as to the following claims:
a. First Amendment retaliation claim against CO Snyder regarding her
alleged interference with Liddick’s sick call visit on March 13, 2014;
b. First Amendment retaliation claim against CO Suzadail and CO
Sierdzinski regarding the allegedly false Misconduct B408555 that
they issued to Liddick on September 17, 2012;
c. Fourteenth Amendment due process claim against CO Krah, CO
Bresnock, and Hearing Examinder Luquis for allegedly refusing to
allow Liddick to call witnesses, present evidence, and have an
impartial hearing examiner for his hearing on Misconduct B408555;
d. First Amendment retaliation claim against CO Montemurno regarding
the allegedly false Misconduct B400721 that she issued to Liddick on
April 5, 2014;
7) Jury selection and trial in this matter will commence on November 6, 2017
at 1:30 p.m.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: September 21, 2017

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